The EU Charter applies since the Treaty of Lisbon, the Member States signed in 2007 and entered into force in 2009. The origins of retention are a little further back: Basically, the concept of flat rate is to blame, that the ECJ has to deal with it. Before flatrate prosecutors asked simply at Telekom and other telecommunications providers after and so got the connection data of the users. Because sooner every conversation was individually charged, listed in a statement. With the flat rate, introduced in Germany in 2004, it took no longer remained bills. So listening to the provider to store the data long.
Justice Minister Heiko Maas is already working on a draft law. That could be introduced shortly after the judgment of the EuGHs in the Bundestag and allow the retention – according to the proviso of the ECJ. The design might look like this: Data retention is allowed for the most serious offenses, avert danger to life and limb. What is required for a judge reserved. The retention period is shortened to three months.
