Lawful interception and retention of data in the electronic communications consists of obtaining the signals and data from the telecommunications network and communication facilities for the purpose of analysis and evidence. All countries apply interception measures and data retention pursuant to its national regulations and technical capabilities. They make an essential part consisted of various surveillance measures of persons and objects that are applied to safeguard national security, the protection of human rights and fundamental freedoms of citizens. In this complex process, all the operators on the market have been involved who are required to enable the application of legal measures, the equipment manufacturers and software support, security agencies or so called authorized bodies who are carrying out the measures of legal interception and retention of data to the operators, telecommunications agencies providing the technical assistance and monitoring the implementation of legal provisions and eventually the repressive apparatus that intervenes for such measures when the investigations of criminal offenses can not be implemented in a different way. A steady growth and development of new telecommunications services as well as the removal of barriers in the European Union and globalization in general leads all the countries in the world into new temptations in an efficient fight against the organized crime and terrorism. However, that fight is danger due to the to restriction of constitutional freedoms ,fundamental human rights and freedoms, especially the right to the inviolability of the home, freedom and secrecy of correspondence. The data on hundreds of millions of citizens related to their private lives are becoming available and stored in long-term memory. Therefore, the key issue is on the priority given to the countries in the fight against organized crime and terrorism by applying such measures due to the disproportion in reaching the desired goal