Commission to adopt data retention law

By David Cronin

Date: 01/09/05

A controversial plan for the compulsory storage of phone call and email data looks set to be approved by the European Commission in the coming weeks.

Following the 7 July bombings in London, the Commission and UK's EU presidency declared that they would strive to have a data retention scheme approved by the justice and interior ministers during October.

Under a proposal to be discussed by the commissioners on 21 September, telecoms firms would be obliged to keep details of all fixed and mobile phone calls for one year, whereas internet service providers would have to keep details of emails sent and websites consulted for six months.

An internal Commission paper argues that this would represent a "proportionate solution", given that several EU countries have introduced or are considering national measures for data retention ranging from six months to four years. In July, for example, Italy's government issued a decree that data on phone calls should be held until the end of 2007 and forbidding firms from destroying data on any calls made in the previous two years.

The Commission's paper says that there will be safeguards in the data retention directive designed to protect the privacy of individuals. Data can only be handed over to law enforcement agencies in specific cases "for the prevention, investigation and prosecution of criminal offences", it says, while national data protection authorities will have "full supervisory powers" on the use of the information.

While several industry representatives have voiced fears that the costs of storing vast swathes of data would be prohibitive, the Commission says that governments will be able to compensate firms for the extra financial burden, particularly by investing in new technology.

BDI, the German employers group, argued last month that the need for a data retention scheme had not been proven. Storage of unsuccessful connection attempts - which according to the organisation GSM Europe account for 40% of all mobile phone calls - would require the rebuilding of switching systems throughout the Union, costing hundreds of millions of euros, BDI added.

Civil liberties groups have recently launched a campaign against data retention, while EuroCop, the umbrella group for Europe's police staff associations, has argued that it could prove too unwieldy to be of any practical use during investigations.

The Commission's proposal would be put forward under the internal market provisions in the EU's treaties. Earlier this year, lawyers for both the Commission and the Council of Ministers contested the legality of a data retention blueprint signed by the UK, Ireland, France and Sweden, and envisaged as a justice and home affairs measure. Under the internal market provisions, laws have to be initiated by the Commission.

Article anticipates a discussion at the European Commission meeting on 21 September 2005 of a controversial plan for the compulsory storage of phone call and email data. Following the 7 July bombings in London, the Commission and UK's EU Presidency had declared that they would strive to have a data retention scheme approved by the Justice and Home Affairs Council, 12-13 October 2005.