Communication Traffic Data. In Search of a Suitable Legal Regime for Removing the Risk of Permanent Control

Authors

  • José Julio Fernández Rodríguez Universidad de Santiago de Compostela

DOI:

https://doi.org/10.18042/cepc/redc.108.03

Keywords:

Communications privacy, traffic and location data, privacy, freedom, security

Abstract

This article analyzes, from a legal point of view, interference that communication traffic data retention entails with rights to respect for privacy, data protection, communications privacy and, conditionally, freedom of movement. In this matter, legislation and public policy argue security reasons in order to face up to crime and terrorism. The declaration of invalidity of Directive 2006/24/CE keep the debate alive. The Spanish Law 25/2007 on retention of data has certain shortcomings which require changes. In short, it’s a question of searching of the suitable balance between security and freedom, that is nowadays the key issue for democratic coexistence.

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How to Cite

Fernández Rodríguez, J. J. (2016). Communication Traffic Data. In Search of a Suitable Legal Regime for Removing the Risk of Permanent Control. Revista Española De Derecho Constitucional, (108), 93–122. https://doi.org/10.18042/cepc/redc.108.03

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