Retention of traffic data - DATA RETENTION

Traffic data containing the data of third parties (i.e. those who have made/received the call) is governed by Legislative Decree No. 196 of 30 June 2003 (ITALIAN PERSONAL DATA PROTECTION CODE).
Article 123 (Traffic data) of the Code says:
"1. Traffic data relating to subscribers and users, processed by the provider of a public communications network or a publicly available electronic communications service shall be erased or made anonymous when no longer needed for the purpose of transmission of electronic communication, subject to the provisions of paragraphs 2, 3 and 5.
2. The provider is permitted to process traffic data that is strictly necessary for subscriber billing or interconnection payments, for the purpose of presenting documentation in the event of an invoice dispute or a payment claim, for a period not exceeding six months, unless further specific conservation is necessary due to a dispute in a court of law. [...]"

Messagenet may therefore retain and use such data for purposes strictly necessary to its business, for a period no greater than 6 months. Messagenet has adapted to fulfill invoicing and credit check and customer service within A TIME LIMIT OF TWO MONTHS, therefore traffic data before said time interval is not available.

Article 132 of the Code states that the provider must retain traffic data for specified times, but only for the purposes of investigation and suppression of criminal offences. Such data can be processed only by the provider before a decree set by the public prosecutor.

The retention times of traffic data for justice purposes (investigation and suppression of offences) are as follows:

  • TELEPHONE TRAFFIC: 24 months
  • ELECTRONIC TRAFFIC (includes fax, VOIP, SMS via the Internet): 12 months
  • MISSED CALLS: 30 days