EU Will Revise Data Retention Proposals

by Ulrika Lomas, for LawAndTax-News.com, Brussels

06 June 2005

Information Society and Media Commissioner Viviane Reding announced last week that the European Commission will put forward new proposals for EU data retention legislation that will limit the retention period to one year.

Existing proposals, published as a voluntary Framework Decision in 2004, which would not require the consent of the European Parliament, called for the creation of an EU-wide system of retaining data about communications for three or even four years. Those proposals have been widely criticized, not least by the Parliament, whose Civil Liberties Committee recently recommended rejecting the proposals due to doubts on the choice of the legal basis and the proportionality of the measures.

“The ends do not justify the means, as the measures are neither appropriate nor necessary and are unreasonably harsh towards those concerned,” said the Committee. “Given the volume of data to be retained, particularly internet data, it is unlikely that an appropriate analysis of the data will be at all possible.” MEPs are due to vote on the Committee's report this week.

Last year, the EU's Data Protection Working Party, an independent advisory body, issued a negative preliminary Opinion on the draft Decision: “The routine, comprehensive storage of all traffic data, user and participant data proposed in the draft decision would make surveillance that is authorised in exceptional circumstances the rule,” said the Opinion. “This would clearly be disproportionate. The draft framework would apply, not only to some people who would be monitored in application with specific laws, but to all natural persons who use electronic communications.”

The Commission has now made it clear that it will put forward the new proposals under the co-decision procedure, which involves the Parliament in the process, and that it will recommend a maximum retention period of one year. A longer retention period would place a huge burden on ISPs and telcos, said Commissioner Reding. "It will certainly not be three to four years but a maximum of one year and I hope even less."

Viviane Reding also says the bill should encompass wider issues than just fighting terrorism, and that there needs to be a balance between the need for security, and the need for privacy.

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