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	<title>Comments on: EU to Internet search engines: six months seem more than enough</title>
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	<link>http://blogeuropa.eu/2008/04/07/eu-to-internet-search-engines-six-months-seem-more-than-enough/</link>
	<description>Ideas, debates, analysis et al.</description>
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		<title>By: BlogEuropa.eu &#187; Yahoo! takes the lead in EU data protection compliance</title>
		<link>http://blogeuropa.eu/2008/04/07/eu-to-internet-search-engines-six-months-seem-more-than-enough/comment-page-1/#comment-174040</link>
		<dc:creator>BlogEuropa.eu &#187; Yahoo! takes the lead in EU data protection compliance</dc:creator>
		<pubDate>Wed, 17 Dec 2008 13:43:23 +0000</pubDate>
		<guid isPermaLink="false">http://blogeuropa.eu/2008/04/07/eu-to-internet-search-engines-six-months-seem-more-than-enough/#comment-174040</guid>
		<description>[...] earlier discussed in this forum, Google has been engaged in a year and a half &#8216;disagreement&#8216; [...]</description>
		<content:encoded><![CDATA[<p>[...] earlier discussed in this forum, Google has been engaged in a year and a half &#8216;disagreement&#8216; [...]</p>
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		<title>By: BlogEuropa.eu &#187; Understanding privacy in Europe, playing well with others</title>
		<link>http://blogeuropa.eu/2008/04/07/eu-to-internet-search-engines-six-months-seem-more-than-enough/comment-page-1/#comment-37495</link>
		<dc:creator>BlogEuropa.eu &#187; Understanding privacy in Europe, playing well with others</dc:creator>
		<pubDate>Mon, 19 May 2008 19:32:54 +0000</pubDate>
		<guid isPermaLink="false">http://blogeuropa.eu/2008/04/07/eu-to-internet-search-engines-six-months-seem-more-than-enough/#comment-37495</guid>
		<description>[...] do with that&#8230;), I think that along the lines of the remarks above lies at least part of the problem that has been haunting Google lately in Brussels and that has left some records of bitter interaction between their representatives and certain data [...]</description>
		<content:encoded><![CDATA[<p>[...] do with that&#8230;), I think that along the lines of the remarks above lies at least part of the problem that has been haunting Google lately in Brussels and that has left some records of bitter interaction between their representatives and certain data [...]</p>
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		<title>By: tfserna</title>
		<link>http://blogeuropa.eu/2008/04/07/eu-to-internet-search-engines-six-months-seem-more-than-enough/comment-page-1/#comment-21998</link>
		<dc:creator>tfserna</dc:creator>
		<pubDate>Wed, 09 Apr 2008 08:40:59 +0000</pubDate>
		<guid isPermaLink="false">http://blogeuropa.eu/2008/04/07/eu-to-internet-search-engines-six-months-seem-more-than-enough/#comment-21998</guid>
		<description>The issue you raise is indeed a tricky one... thank you for the question... I guess... ;-)

First of all, the announced opinion has finally appeared at the WP&#039;s website.
As of yesterday morning, it still wasn&#039;t there. You&#039;ll be able to find it &lt;a href&quot;http://ec.europa.eu/justice_home/fsj/privacy/docs/wpdocs/2008/wp148_en.pdf&quot; rel=&quot;nofollow&quot;&gt;here&lt;/a&gt;. [PDF document]

Ever since the data retention directive was in the works, it was evident to me that this matter would be in certain aspects very much connected with personal data protection issues.

This is what I responded to a question at an &lt;a href=&quot;http://blogeuropa.eu/2007/05/29/google-and-privacy-they-had-it-coming/&quot; rel=&quot;nofollow&quot;&gt;earlier post&lt;/a&gt; at this forum:

(...) &lt;i&gt;&quot;As a side note perhaps I should state that in my post I was deliberately mixing two different subject matters (which in the end, experience shows that are very much intertwined…), which are: ‘data retention’ and my beloved (personal) ‘data protection’.&quot;&lt;/i&gt;

Well, according to the newly adopted opinion, I was wrong.

Google, who also cited the data retention directive in its letters to the art. 29 WP, to justify its initially proposed 18 to 24 month period of time for &quot;remembering searches&quot;... apparently, was wrong as well...

This is what the WP says: (...) &lt;i&gt;&quot;A search engine provider can however offer an additional service that falls under the scope of an electronic communications service such as a publicly accessible email service which would be subject to ePrivacy Directive 2002/58/EC and Data Retention Directive 2006/24/EC.  
 
Article 5(2) of the Data Retention Directive specifically states that “No data revealing the content of the communication may be retained pursuant to this Directive”. Search queries themselves would be considered content rather than traffic data and the Directive would therefore not justify their retention. 
 
Consequently, any reference to the Data Retention Directive in connection with the storage of server logs generated through the offering of a search engine service is not justified.&quot;&lt;/i&gt;

This should clarify the matter, right?

Well, in my humble opinion it doesn&#039;t. And I will add that I still think that both matters are very much connected, and that neither myself nor everyone else who has been saying so is wrong.

While I&#039;ll save an analysis of this issue for another post, I&#039;m happy to advance that the data retention directive is very clear when stating that IP addresses fall within the various categories of data to be retained under its provisions.

So then, the next question would be: &lt;a href=&quot;http://blogeuropa.eu/2008/02/26/ip-addresses-personal-data/&quot; rel=&quot;nofollow&quot;&gt;Are IP addresses personal data?&lt;/a&gt;

Bests, TFS</description>
		<content:encoded><![CDATA[<p>The issue you raise is indeed a tricky one&#8230; thank you for the question&#8230; I guess&#8230; <img src='http://blogeuropa.eu/wp-includes/images/smilies/icon_wink.gif' alt=';-)' class='wp-smiley' /> </p>
<p>First of all, the announced opinion has finally appeared at the WP&#8217;s website.<br />
As of yesterday morning, it still wasn&#8217;t there. You&#8217;ll be able to find it <a href"http://ec.europa.eu/justice_home/fsj/privacy/docs/wpdocs/2008/wp148_en.pdf" rel="nofollow">here</a>. [PDF document]</p>
<p>Ever since the data retention directive was in the works, it was evident to me that this matter would be in certain aspects very much connected with personal data protection issues.</p>
<p>This is what I responded to a question at an <a href="http://blogeuropa.eu/2007/05/29/google-and-privacy-they-had-it-coming/" rel="nofollow">earlier post</a> at this forum:</p>
<p>(&#8230;) <i>&#8220;As a side note perhaps I should state that in my post I was deliberately mixing two different subject matters (which in the end, experience shows that are very much intertwined…), which are: ‘data retention’ and my beloved (personal) ‘data protection’.&#8221;</i></p>
<p>Well, according to the newly adopted opinion, I was wrong.</p>
<p>Google, who also cited the data retention directive in its letters to the art. 29 WP, to justify its initially proposed 18 to 24 month period of time for &#8220;remembering searches&#8221;&#8230; apparently, was wrong as well&#8230;</p>
<p>This is what the WP says: (&#8230;) <i>&#8220;A search engine provider can however offer an additional service that falls under the scope of an electronic communications service such as a publicly accessible email service which would be subject to ePrivacy Directive 2002/58/EC and Data Retention Directive 2006/24/EC.  </p>
<p>Article 5(2) of the Data Retention Directive specifically states that “No data revealing the content of the communication may be retained pursuant to this Directive”. Search queries themselves would be considered content rather than traffic data and the Directive would therefore not justify their retention. </p>
<p>Consequently, any reference to the Data Retention Directive in connection with the storage of server logs generated through the offering of a search engine service is not justified.&#8221;</i></p>
<p>This should clarify the matter, right?</p>
<p>Well, in my humble opinion it doesn&#8217;t. And I will add that I still think that both matters are very much connected, and that neither myself nor everyone else who has been saying so is wrong.</p>
<p>While I&#8217;ll save an analysis of this issue for another post, I&#8217;m happy to advance that the data retention directive is very clear when stating that IP addresses fall within the various categories of data to be retained under its provisions.</p>
<p>So then, the next question would be: <a href="http://blogeuropa.eu/2008/02/26/ip-addresses-personal-data/" rel="nofollow">Are IP addresses personal data?</a></p>
<p>Bests, TFS</p>
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		<title>By: Juan</title>
		<link>http://blogeuropa.eu/2008/04/07/eu-to-internet-search-engines-six-months-seem-more-than-enough/comment-page-1/#comment-21220</link>
		<dc:creator>Juan</dc:creator>
		<pubDate>Tue, 08 Apr 2008 11:59:50 +0000</pubDate>
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		<description>Does the data retention directive provide arguments for longer storage?
Thanks, Juan</description>
		<content:encoded><![CDATA[<p>Does the data retention directive provide arguments for longer storage?<br />
Thanks, Juan</p>
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