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Datalagringsdirektivet och dess följder för synen på implementering av EU-rätt i Sverige

Åström, Kenth LU (2011) HARK11 20111
Department of Business Law
Abstract (Swedish)
After an increasing development in the field of electronic communication services and a growing need for harmonized legislation within the European union an initiative was taken. Actions towards an harmonization of the EU law regarding that area. The focus of which was concentrated on the data being created when using these types of electronic communications services. The data is being both collected and thereafter used in crime preventing efforts. The result of that was the creation of directive 2006/24/EG, the data retention directive, which was taken into force march 15, 2006. The deadline for implementing the directive was set to september 17, 2007. The principal objective with this essay is to investigate what an implementation, or... (More)
After an increasing development in the field of electronic communication services and a growing need for harmonized legislation within the European union an initiative was taken. Actions towards an harmonization of the EU law regarding that area. The focus of which was concentrated on the data being created when using these types of electronic communications services. The data is being both collected and thereafter used in crime preventing efforts. The result of that was the creation of directive 2006/24/EG, the data retention directive, which was taken into force march 15, 2006. The deadline for implementing the directive was set to september 17, 2007. The principal objective with this essay is to investigate what an implementation, or being in non compliance in regards to the EU law, results in for Sweden in terms of both the view of EU law and effects deriving directly from not implementing.

The approach for the essay starts with highlighting the reason for creating the data retention directive in which an increased degree of organized crime was a major underlying aspect. But the main reason was to harmonize the legislation regarding data retention for suppliers of electronic communication services. Furthermore is the EU law, precedent and principles vital to the implementation of directives being introduced. Finally an analyzing part are being conducted where an discussion is being held in regards to the effects deriving from the situation. The primary focus is to investigate whether or not the directive gets direct effect and explore which parts are possibly a question for direct effect.

The directive should in present form be able to get direct effect. First, regarding the right for individuals affected by the directive to extradite data in order to take legal action in court. Second, security and privacy rights for subscribers which are affected of the storage of information. (Less)
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author
Åström, Kenth LU
supervisor
organization
course
HARK11 20111
year
type
M2 - Bachelor Degree
subject
keywords
Datalagringsdirektivet, Eu-rätt, direkt effekt, implementeringm direktiv.
language
Swedish
id
1975929
date added to LUP
2011-07-04 08:12:52
date last changed
2011-07-04 08:12:52
@misc{1975929,
  abstract     = {After an increasing development in the field of electronic communication services and a growing need for harmonized legislation within the European union an initiative was taken. Actions towards an harmonization of the EU law regarding that area. The focus of which was concentrated on the data being created when using these types of electronic communications services. The data is being both collected and thereafter used in crime preventing efforts. The result of that was the creation of directive 2006/24/EG, the data retention directive, which was taken into force march 15, 2006. The deadline for implementing the directive was set to september 17, 2007. The principal objective with this essay is to investigate what an implementation, or being in non compliance in regards to the EU law, results in for Sweden in terms of both the view of EU law and effects deriving directly from not implementing.

The approach for the essay starts with highlighting the reason for creating the data retention directive in which an increased degree of organized crime was a major underlying aspect. But the main reason was to harmonize the legislation regarding data retention for suppliers of electronic communication services. Furthermore is the EU law, precedent and principles vital to the implementation of directives being introduced. Finally an analyzing part are being conducted where an discussion is being held in regards to the effects deriving from the situation. The primary focus is to investigate whether or not the directive gets direct effect and explore which parts are possibly a question for direct effect.

The directive should in present form be able to get direct effect. First, regarding the right for individuals affected by the directive to extradite data in order to take legal action in court. Second, security and privacy rights for subscribers which are affected of the storage of information.},
  author       = {Åström, Kenth},
  keyword      = {Datalagringsdirektivet,Eu-rätt,direkt effekt,implementeringm direktiv.},
  language     = {swe},
  note         = {Student Paper},
  title        = {Datalagringsdirektivet och dess följder för synen på implementering av EU-rätt i Sverige},
  year         = {2011},
}