03/02/2020 CURIA - Documents Directive 2006/24 lays down the obligation on the providers of publicly available electronic communications services or of public communications networks to retain certain data which are generated or processed by them. In that context, Articles 1 to 9, 11 and 13 of the directive state: ‘Article 1 Subject matter and scope 1. This Directive aims to harmonise Member States’ provisions concerning the obligations of the providers of publicly available electronic communications services or of public communications networks with respect to the retention of certain data which are generated or processed by them, in order to ensure that the data are available for the purpose of the investigation, detection and prosecution of serious crime, as defined by each Member State in its national law. 2. This Directive shall apply to traffic and location data on both legal entities and natural persons and to the related data necessary to identify the subscriber or registered user. It shall not apply to the content of electronic communications, including information consulted using an electronic communications network. Article 2 Definitions 1. For the purpose of this Directive, the definitions in Directive 95/46/EC, in Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) …, and in Directive 2002/58/EC shall apply. 2. For the purpose of this Directive: “data” means traffic data and location data and the related data necessary to identify the subscriber or user; “user” means any legal entity or natural person using a publicly available electronic communications service, for private or business purposes, without necessarily having subscribed to that service; “telephone service” means calls (including voice, voicemail and conference and data calls), supplementary services (including call forwarding and call transfer) and messaging and multi-media services (including short message services, enhanced media services and multi-media services); “user ID” means a unique identifier allocated to persons when they subscribe to or register with an Internet access service or Internet communications service; “cell ID” means the identity of the cell from which a mobile telephony call originated or in which it terminated; “unsuccessful call attempt” means a communication where a telephone call has been successfully connected but not answered or there has been a network management intervention. Article 3 Obligation to retain data 1. By way of derogation from Articles 5, 6 and 9 of Directive 2002/58/EC, Member States shall adopt measures to ensure that the data specified in Article 5 of this Directive are retained in accordance with the provisions thereof, to the extent that those data are generated or processed by providers of publicly available electronic communications services or of a public communications network within their jurisdiction in the process of supplying the communications services concerned. 2. The obligation to retain data provided for in paragraph 1 shall include the retention of the data specified in Article 5 relating to unsuccessful call attempts where those data are generated or processed, and stored (as regards telephony data) or logged (as regards Internet data), by providers of publicly available electronic communications services or of a public communications network within the jurisdiction of the Member State concerned in the process of supplying the communication services concerned. This Directive shall not require data relating to unconnected calls to be retained. Article 4 Access to data Member States shall adopt measures to ensure that data retained in accordance with this Directive are provided only to the competent national authorities in specific cases and in accordance with national law. The procedures to be followed and the conditions to be fulfilled in order to gain access to retained data in accordance with necessity and proportionality requirements shall be defined by each Member State in its national law, subject to the relevant provisions of EU law or public international law, and in particular the ECHR as interpreted by the European Court of Human Rights. Article 5 Categories of data to be retained 1. Member States shall ensure that the following categories of data are retained under this Directive: data necessary to trace and identify the source of a communication: concerning fixed network telephony and mobile telephony: the calling telephone number; the name and address of the subscriber or registered user; concerning Internet access, Internet e-mail and Internet telephony: the user ID(s) allocated; the user ID and telephone number allocated to any communication entering the public telephone network; he name and address of the subscriber or registered user to whom an Internet Protocol (IP) address, user ID or telephone number was allocated at the time of the communication; data necessary to identify the destination of a communication: concerning fixed network telephony and mobile telephony: the number(s) dialled (the telephone number(s) called), and, in cases involving supplementary services such as call forwarding or call transfer, the number or numbers to which the call is routed; the name(s) and address(es) of the subscriber(s) or registered user(s); concerning Internet e-mail and Internet telephony: curia.europa.eu/juris/document/document.jsf?doclang=EN&text=&pageIndex=0&part=1&mode=DOC&docid=150642&occ=first&dir=&cid=99319 (judgment… 4/11