Belgium

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

  • 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.
  • 2021, Apr 22
    The second ruling of Belgian Constitutional Court declares second data retention law unconstitutional after asking the European Court of Justice.
  • 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.
  • 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.
  • 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