Consultation response Data retention - law enforcement and privacy (SOU 2017:75)

While there is no doubt that Swedish law enforcement authorities can benefit greatly from data on, for example, telephone calls or internet traffic, the retention of data for effective law enforcement must be based on what is necessary and proportionate to achieve this purpose. Regulation must be clear and predictable, and meet both law enforcement and privacy needs.

However, IT&Telekomföretagen notes that the proposal presented by the investigator has major shortcomings. Not least because what is proposed would most likely mean that Swedish legislation would once again violate EU law, as the proposal entails continued general storage that in central parts is even more extensive than the one rejected. IT&Telekomföretagen also notes that the investigator has failed to report the alternative identified by the European Court of Justice as a proportionate solution, referred to as targeted storage, contrary to the investigation directive's assignment to the investigator to consider various alternatives to changes and highlight the advantages and disadvantages of these alternatives.

Sweden cannot afford to make the same mistake and once again implement an overly general data retention in violation of EU law. We therefore urge the government to revise the proposal and propose to the Parliament a regulation on data retention that is sustainable in the long term and meets both the needs of law enforcement authorities and the public's right to protection of their privacy in accordance with the requirements of EU law.

Read the full response here