Deputies set to sound alarm on data retention

By David Cronin

Date: 22/09/05

MEPs will next week raise doubts about the value of storing data on all phone calls, email and fax transmissions in the EU, as required by a new European Commission proposal. But there are indications that the European Parliament may support mandatory data retention later this year.

Officially, MEPs will be assessing the proposal for mandatory data retention, put forward in 2004 by France, Ireland, Sweden and Britain, rather than the less far-reaching plan approved by the Commission yesterday (21 September).

The report that is likely to be adopted at next week's plenary session (26-29 September) casts doubt on the whole premise of data retention as an anti-terrorist measure.

Drafted by German Liberal Alexander Nuno Alvaro, it says that individuals involved in terrorism or organised crime "will easily find a way to prevent their data being traced". Ways of doing so include using 'front men' to buy cards for mobile phones, using public call-boxes or using internet service providers based outside Europe.

However, Alvaro said that "at first glance" the new Commission proposal seems "to be heading in the right direction". The final outcome of discussions between MEPs and EU governments on the proposal must, he added, represent "a balanced and workable solution between the need to tackle terrorists, yet preserve our essential civil liberties".

The Commission's blueprint would require telecoms operators to keep data on fixed and mobile phone calls for one year, while internet service providers would have to keep data on emails sent and websites visited for six months.

Last year's initiative by the four governments advocated that data for both phone and electronic communications should be held for a minimum of one year and a maximum of three years.

Franco Frattini, the commissioner for justice, freedom and security, said he was optimistic that an agreement on data retention would be secured between the three main EU institutions by the end of 2005.

The Commission endorsed a strategy aimed at addressing the factors exploited by terrorist organisations to win recruits.

Among the measures proposed are that EU governments could use existing laws against inciting hatred to crack down on broadcast media outlets and websites alleged to promote extremist violence. "We cannot allow that young people look at TV messages of incitement to hatred," said Frattini, adding: "We are not talking about limiting freedom of expression, the possibility of criticising governments and public institutions."

Article anticipates the likely adoption of a report at the European Parliament's plenary session of 26-29 September 2005 on the proposed data retention scheme, which would - as an anti-terrorist measure - oblige telecoms companies to store basic data on all communications via phone and e-mail. Following from a dispute over the legal basis, two rivalling proposals had been presented by a group of Member States (Third Pillar) and the European Commission (First Pillar). Author suggests that the European Parliament's stance would cast doubt on the whole premise of data retention as a measure in the fight against terrorism.

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