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German appeals ct. rules users can request web log deletion, ISPs must comply..
From: David Farber <dave () farber net>
Date: Tue, 7 Nov 2006 16:35:40 -0500



Begin forwarded message:

From: Ethan Ackerman <eackerma () u washington edu>
Date: November 7, 2006 4:29:58 PM EST
To: David Farber <dave () farber net>
Subject: German appeals ct. rules users can request web log deletion, ISPs must comply..

Greetings Dave,

A recent German court of appeals ruling provides an interesting
counter-point to US calls for mandatory IP log retention by ISPs (and
will prove to be very interesting in similar ongoing debates within
Germany itself.)

According to Der Spiegel, one of the major German newsmagazines, a
German appeals court has ruled that German data-protection laws
require german ISPs to delete personal information, including IP
address logs, collected about that user upon the user's request.

(German) http://www.spiegel.de/netzwelt/web/0,1518,446838,00.html

Slashdot coverage at
http://yro.slashdot.org/article.pl?sid=06/11/06/2313251  )


It is worth noting that Germany, as an EU state, is obligated to pass
data retention laws under the recently passed EU data retention
directive.  Germany (like most other EU states,) has indicated it will
delay implementation of these retention requirements.  During this
delay, political presures to scrap retention laws have mounted.  In
the meantime, existing privacy laws in the EU generally, including
Germany, give most customers broad rights in information collected
about them.  It was these existing data privacy laws the court upheld.

(More detail on the EU rules and how they interact individual states'
laws, and EU data retention info generally, is at
http://www.edri.org/issues/privacy/dataretention  )

-Ethan


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