from the good-luck-with-that dept
Back in April, Mike wrote about the decision of the Swedish ISP Bahnhof to delete all user log files in the wake of the judgment from the EU Court of Justice that the present EU data retention requirements are "invalid". According to an article in Computerworld UK, Bahnhof did this with the permission of the Swedish Post and Telecom Authority (PTS), which agreed that the Swedish law implementing data retention was problematic. However:
in mid-August the PTS ordered Bahnhof to start retaining data again, Bahnhof CEO Jon Karlung said. The PTS has made a 180-degree turn in policy by ordering Bahnhof -- and Tele2, which also stopped retaining data for a while -- to resume doing so.
Bahnhof is not only fighting this reversal of policy in the Swedish courts, but also calling on the European Union to take action against the Swedish government for its refusal to halt data retention:
According to a PTS spokesman, it was the government that ordered the PTS to start enforcing the Swedish data retention law again. "They appointed a commissioner to investigate if the Swedish national legislation could still be applied" despite the CJEU's ruling, he said. The commissioner came to the conclusion that the national legislation stands, and from that point on, the PTS has been enforcing the law again, he said.
Bahnhof, the renowned Swedish network operator and internet carrier joins forces with 5th of July Foundation to urge the EU Commission to initiate proceedings against the Kingdom of Sweden for blatantly ignoring the judgment of the Court of Justice of the European Union on April 8, 2014, which declared the Data Retention Directive invalid. Sweden now fails to fulfil its obligations according to The Charter of Fundamental Rights of the European Union, articles 7 and 8, ‘Respect for private and family life’ and ‘Protection of personal data’.
It's rather a long shot, since the European Commission has given no indication it wants to get rid of data retention, and so is unlikely to help Bahnhof in its battle with the Swedish authorities. Still, it's nice change to have an ISP willing to stand up for its users time and again, as Bahnhof has done; long may it continue to do so.