The Swedish government has presented a legislative bill implementing the EU Data Retention Directive 2006/24/EG, to come into force on 1 July 2011.
On 3 December 2010, the Swedish Government presented a legislative bill to the Riksdag, the Swedish Parliament, seeking to amend the Electronic Communications Act (2003:389) to implement the EU Data Retention Directive 2006/24/EC.
The Directive was to have been implemented by 15 September 2007, or regarding data relating to internet Access, internet telephony and internet e-mail, by 15 March 2009 for Member States such as Sweden which had declared their intention of postponing the application of the Directive to this data.
The ECJ found on 4 February 2010 that Sweden had failed to fulfil its obligations under the Directive (case C-185/09).
A previous Swedish Government had been one of the forces promoting the adoption of the Directive. In the aftermath of the terrorist bombings in Madrid on 25 March 2004, Sweden, the UK, Ireland and France made a joint proposal on 28 April 2004 to the Council of the European Union, suggesting a draft Framework Decision "on the retention of data processed and stored in connection with the provision of publicly available electronic communication services or data on public communications networks for the purpose of prevention, investigation, detection and prosecution of crime and criminal offences including terrorism".
The Data Retention Directive eventually was formally adopted on 15 March 2006. In the September 2006 national election, the Social Democratic government was voted out and replaced by an alliance led by the centre-right Moderate Party. One factor generally perceived to have contributed to the changing of political fortune was the widespread negative public reaction to a series of surveillance and anti-online piracy laws passed by the Government.
The issue of online surveillance continued to be very sensitive, and despite pressure from the European Commission the Moderate Party-led coalition, has held off implementing the Data Retention Directive until it had won re-election in September 2010.
In addition to the categories of data to be retained in accordance with Article 5 of the Directive, the bill proposes to add the requirement to retain data regarding failed calls and regarding the localisation of mobile communication equipment at the time of the ending of the communication.
The retention period is set at six months from the day the communication ended.
The Government estimates the cost of adapting telecom operators' systems and operating the storage to MSEK 200 (approx M€22.4). This cost will be carried by the operators, who will not receive any special compensation for this. The cost for retrieving the data upon request from authorised law enforcement authorities is estimated at MSEK 20 (approx M€2.2) on an annual basis. The retrieval costs will be charged to the requesting authority in accordance with regulations which will be issued by the PTS, the Swedish NRA. Retrieval requests are expected to increase from the approx 9,000 cases per year now to approx 10,000 per year. Present retrieval requests are charged at SEK 1,500 – 2,000 per case.
PTS has invited the telecom operators to a meeting on 26 January 2010 to discuss future detailed regulation on data retention.