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October 6 2015

New Luxembourg Bill On Data Retention - Criminal Data

"On January 7, 2015, the Luxembourg Ministry of Justice filed with the Chamber of Deputies bill n� 6763 (the Bill) modifying Article 67-1 of the Luxembourg Criminal Procedure Code (the Criminal Code) and Articles 5, 5-1 and 9 of the Act of May 30, 2005 laying down specific provisions for the protection of persons with regard to the processing of personal data in the electronic communications sector, as amended from time to time (the 2005 Privacy Act). By so doing, the Luxembourg government aims to comply with the Court of Justice of the European Union (the ECJ) ruling of April 8, 2014, the so-called ""Digital Rights"", in joint cases C-293|12 - Digital Rights Ireland and C-594|12 - Seitlinger and Others, whereby the ECJ has declared the Data Retention Directive 2006|24|EC to be invalid. The Bill focuses on traffic data (Article 5 of the 2005 Privacy Act) and location data other than traffic data (Article 9 of the 2005 Privacy Act)."