Anna Linnea

I’ve translated this rather interesting article about the Swedish broadband provider Bahnofs decision not to save their customers traffic data:

Bahnof destroys Ipred data

The operator Bahnhof are destroying the material [ie. subscribers traffic data] and has no information to disclose.

The new file-sharing law Ipred means that operators will be forced to disclose personal data behind the IP number if a court requires it. But the operator Bahnhof will not be able to, states Swedish Radio.

Company CEO Jon Karlung is a known critic of the Ipred-law and he argues that the Electronic Communications Act (ECA) imposes on him to destroy the traffic data. Basic mode is that personal data should be destroyed, but other clauses in that law (ECA) gives the choice to instead save them for various reasons, such as billing.

- “But it is about choice and the law provides an opportunity not to save data. We would not infringe on Ipred by choosing to destroy the data […and therefore has nothing to disclose even if the court asks us…]” says Karlung TT.

This means that Bahnhof customers are unaffected by the new file-sharing law (Ipred) and if other operators would follow Bahnhofs example it would render the law completely effectless.

- “Yes, then the new law would become effectless. And then legislators would have to step forward and say that we want data, not to bring down terrorists, but because we want to help record and film industry to hunt pirates.” says Karlung.

A law based on the EU data retention directive is being prepared, which may force operators to store traffic data. If it is implemented the situation will be different and Bahnhof will then follow that law, declares Karlung.

- “If the government decides that everything must be disclosed to various private organizations, we must of course abide by it. Although I think it is unfortunate and I hope that public opinion will push the issue the other way” says Karlung.

The state Post and Telecom Agency (PTS) confirms that there is no legal basis to force the operators to to save their logs.

- “There is no general obligation to save this type of data for subscribers” says Peder Crista Vallarta, lawyer at the PTS, to Computer Sweden.

- “The Ipred-law is not in itself an obligation of this kind. It is just about releasing data that is available” said Stefan Johansson, deputy director at the Justice Ministry, to TT.

Original article: http://www.e24.se/samhallsekonomi/sverige/artikel_1247563.e24