As required by the Directive 98/34/EC, the German Federal Government has notified the draft law on data retention to the EU Commission. The draft stipulates that telecommunication providers must retain data like phone numbers, time and place of communication, and IP addresses for four or 10 weeks. After expiry of the retention period, the data retained must be deleted, according to the draft. The EU Commission and EU Member States can comment on the draft within three months (till 7 September 2015). Considering the ECJ ruling on data retention, critical statements on the draft can be expected.

Law introducing a storage obligation and a maximum retention period for traffic data (in German)

In a joint resolution, German data protection officers took a critical stand towards the draft law. The officers expressed serious doubts whether the draft is compatible with German constitutional and EU law, particularly basic rights such as secrecy of telecommunication and privacy. The Conference suggests discussing the draft law in an open debate with broad public participation.

Outstanding resolution of the Conference of Data Protection  Commissioners of the Federation and the countries from June 9, 2015 (in German)