Tougher Data Retention Proposals Rejected By The European Parliament

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

30 September 2005

The European Parliament on Tuesday rejected a UK-backed plan to retain data on the traffic of calls, short message services and e-mails processed by telecommunication providers in order to assist the investigation and prosecution of terrorists.

MEPs felt that the proposal, put forward by the UK, France, Ireland and Sweden to keep data about who is contacting whom and from where, for up to 3 years, represented a threat to the privacy of citizens.

MEPs instead welcomed instead an alternative proposal on data retention launched by the European Commission last week, in which the Parliament will have co-decision power to ensure that MEPs' demands are respected.

The proposal adopted by the EC provides for an EU-wide harmonisation of the obligations on providers of publicly available electronic communications, or a public telecommunications network, to retain data related to mobile and fixed telephony for a period of one year, and internet communication data, for six months.

The proposed Directive would not be applicable to the actual content of the communications.

It also includes a provision ensuring that the service or network providers will be reimbursed for the demonstrated additional costs they will have.

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