Can ISPs keep and use information about their subscribers?
8.1 The Directive on Privacy and Electronic Communications concerns the processing of personal data and the protection of privacy in the electronic communications sector. 8.2 The Directive allows providers of public communications networks or publicly available electronic communications services to retain traffic data for law enforcement purposes once it is no longer required for billing or other essential management purposes. 8.3 However, it places restrictions on the ability of providers to retain data for their own purposes, beyond billing, interconnection payments and dispute resolution. Any further processing of data, for instance the marketing of Internet services or the provision of value added services, may only be allowed if the consumer has agreed in advance to this. 8.4 In practice, providers may process traffic data relating to consumers in order to detect technical failure or errors in the transmission of communications. Providers can also process traffic data necessary fo
