Hustinx lends support to data retention directive

Peter Hustinx, the EU’s data protection supervisor, has asked permission to intervene in a case testing the legal basis of a directive on data retention.

Although Hustinx previously said he was not convinced of the need for the directive on data retention, he wants to support the European Commission and Council of Ministers. When it was considered at the Council, Ireland and Slovakia opposed the directive, which requires telecoms companies to store data on phone calls and emails for at least six months to help combat terrorism and serious crime,

In May Ireland lodged an appeal at the European Court of Justice. Hustinx asked the European Court of Justice last Friday (3 November) whether his office could intervene in the case and give its opinion on the legal basis of the law at a hearing to be held next year.

The directive was introduced under community law, which means weighted voting in Council, co-decision by the European Parliament and enforcement of laws through the court. Ireland argues that as the purpose of the directive was crime-fighting it should have been introduced under intergovernmental law, where national vetoes apply.

Hustinx is now supporting the legal basis used because stronger data protection safeguards apply to community law rather than intergovernmental law.

Ireland is thought to be hopeful that a judgement could go its way since the European Court of Justice earlier this year struck down an agreement between the EU and US to transfer airline passengers’ data because the wrong legal basis had been used.

Peter Hustinx, the EU’s data protection supervisor, has asked permission to intervene in a case testing the legal basis of a directive on data retention.