Here’s a great story where some companies in Sweden are following the maxim, “We can’t be forced to turn the data over, if we don’t retain it.” And the companies’ actions are legal.
The new file sharing law [in Sweden] is based on the European Union’s Intellectual Property Rights Enforcement Directive (IPRED) and allows courts to order internet operators to hand over details that identify suspected illegal file sharers.
As such, the law enables Internet Service Providers (ISPs) to retain the IP addresses of file sharers. But ISPs also remain at liberty to destroy information about their users if they so wish.
Some ISPs have come out strongly against the law: “Broadband operator Bahnhof is continuing to destroy the IP address details of its customers in an open and fully legal bid to undermine Sweden’s new anti-file sharing laws.”
Bahnhof’s actions render the IPRED law entirely ineffective when dealing with file sharers signed up to the company’s broadband service. [Bahnhof CEO Jon Karlung] noted that the law would have no effect whatsoever if other ISPs were to follow suit. […]
Stefan Johansson, deputy director at the Swedish justice ministry, confirmed that Bahnhof was not breaking the law by choosing to destroy IP address details.