The current state of data retention is serious, due to plans of the government to circumvent provisions made by European and Belgian courts.
Current State: Critical
In fact, Belgium plans to create Data Retention 2.0, a new kind of data
retention that on paper fulfills requirements of several court rulings.
Actually this kind of surveillance even intensifies surveillance pressure on
law-abiding citizens all over Belgium at all times.
History of Data Retention in Belgium
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- 2022, Jul 07
- Belgian parliament approves third data retention act in less than 10 years. This one even extends the legal powers of law enforcements compared to the first acts and provides a new structire. Clearly it was made as sample implemention for other European countries.
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- 2021, Apr 22
- The second ruling of Belgian Constitutional Court declares second data retention law unconstitutional after asking the European Court of Justice.
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- 2016
- Belgium approves the second data retention act which obliges all telecommunication companies to keep details of every transaction that takes place through their systems for one year. All data is to be stored without any discrimination.
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- 2015
- The Belgian Constitutional Court strucks down the act, following the European Court of Justice’s annulment of the Data Retention Directive in the case of Digital Rights Ireland.
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- 2013, Jul 30
- The first data retention act implemented the EU data retention directive. It introduced the retention of subscriber, traffic and localisation data of electronic communication in Belgium.
Reports from Belgium
Parliament Approves Data Retention 2.0
Yesterday, the Belgian parliament approved the stupendous plans of the government for the third try to create a data retention in line with fundamental rights.
Five Data Retentions at Once
Belgium is trying to circumvent the rulings of Belgian and European courts - by introducing five data retentions at once.