Header

UZH-Logo

Maintenance Infos

The state is watching you—A cross-national comparison of data retention in Europe


Birrer, Alena; He, Danya; Just, Natascha (2023). The state is watching you—A cross-national comparison of data retention in Europe. Telecommunications Policy, 47(4):102542.

Abstract

While the rise of Internet platforms and their data-based business models have shifted public and scholarly attention towards corporate dataveillance, governments across Europe are similarly and continuously expanding their surveillance practices. This article focuses on bulk data retention as a prime example of modern state surveillance. In contrast to traditional forms of state surveillance, this is characterized by a shift from targeted interceptions of content to the general mass monitoring of communications metadata, takes place without prior suspicion, and outsources critical activities to the private sector. The article provides a comprehensive and up-to-date
comparison of data-retention legislations and attendant discussions in Europe with a specific focus on the risks of modern state surveillance. The results indicate that both national bulk data retention legislation and other forms of data retention such as subscriber and IP–address retention, targeted data retention, and expedited data retention fail to mitigate these risks. This highlights the need to develop precise criteria for the necessity and proportionality of data retention and effective safeguards regarding data security and protection.

Abstract

While the rise of Internet platforms and their data-based business models have shifted public and scholarly attention towards corporate dataveillance, governments across Europe are similarly and continuously expanding their surveillance practices. This article focuses on bulk data retention as a prime example of modern state surveillance. In contrast to traditional forms of state surveillance, this is characterized by a shift from targeted interceptions of content to the general mass monitoring of communications metadata, takes place without prior suspicion, and outsources critical activities to the private sector. The article provides a comprehensive and up-to-date
comparison of data-retention legislations and attendant discussions in Europe with a specific focus on the risks of modern state surveillance. The results indicate that both national bulk data retention legislation and other forms of data retention such as subscriber and IP–address retention, targeted data retention, and expedited data retention fail to mitigate these risks. This highlights the need to develop precise criteria for the necessity and proportionality of data retention and effective safeguards regarding data security and protection.

Statistics

Citations

Altmetrics

Downloads

48 downloads since deposited on 09 May 2023
41 downloads since 12 months
Detailed statistics

Additional indexing

Item Type:Journal Article, refereed, original work
Communities & Collections:06 Faculty of Arts > Department of Communication and Media Research
Dewey Decimal Classification:340 Law
350 Public administration & military science
600 Technology
Scopus Subject Areas:Social Sciences & Humanities > Management Information Systems
Physical Sciences > Information Systems
Social Sciences & Humanities > Communication
Social Sciences & Humanities > Economics and Econometrics
Social Sciences & Humanities > Library and Information Sciences
Physical Sciences > Management, Monitoring, Policy and Law
Uncontrolled Keywords:Bulk data retention; State surveillance; Metadata vs. content Privacy; Fundamental rights; Digitalization
Language:English
Date:1 May 2023
Deposited On:09 May 2023 09:19
Last Modified:30 May 2024 01:40
Publisher:Elsevier
ISSN:0308-5961
OA Status:Hybrid
Publisher DOI:https://doi.org/10.1016/j.telpol.2023.102542
Official URL:https://www.sciencedirect.com/science/article/pii/S0308596123000538?via%3Dihub
  • Content: Published Version
  • Language: English
  • Licence: Creative Commons: Attribution 4.0 International (CC BY 4.0)