MEPs to accept data retention

By David Cronin

Date: 10/11/05

The European Parliament appears likely to approve controversial rules requiring the mandatory storage of data on all phone and email com- munications in the EU.

MEPs sitting on the assembly's civil liberties committee will next week (14 November) consider their response to the proposed directive on mandatory data retention.

Alexander Alvaro, the Parliament's rapporteur on the dossier, a German liberal, is advocating that the draft law should be endorsed, provided that its scope is reduced from that recommended by the European Commission.

If a majority of MEPs support this approach, the Parliament would be reversing its position on mandatory data retention. It has already rejected the underlying principle in two separate votes, though this is the first time that MEPs have formally been consulted as co-legislators with the Council of Ministers. Previously, the assembly debated an initiative put forward by four national governments, the UK, France, Ireland and Sweden.

Alvaro said that the reality was that the Council of Ministers appeared likely to accept data retention before the end of 2005. "My approach is one of harm reduction," he added. "This does not mean that I am 100% convinced by mandatory data retention. But I cannot prove it is 100% useless either."

Whereas the Commission recently suggested that details of phone calls from both fixed and mobile lines be retained for one year and electronic communications for six months, Alvaro wants a three-month limit in all categories.

Alvaro urges that it should only extend to crimes already covered by the European Arrest Warrant, including terrorism, trafficking in weapons and drugs, child pornography, trading in endangered species, genocide, rape and hijacking of ships or planes.

Following next week's committee meeting, the entire 732-strong assembly will deliver its verdict on the directive on 13 December.

The UK's presidency of the EU is hoping that the Council of Ministers can rubberstamp the directive before the end of this year.

Sjoera Nas from privacy campaign group European Digital Rights (EDRI) accused the UK government of trying to pressurise MEPs into approving the directive without paying adequate heed to its long-term consequences. "There is no good case for rushing into a territory that is completely uncharted," she said.

A spokesman for the UK presidency of the EU, however, said MEPs had had ample time to discuss the surrounding issues given that data retention has been on the EU's agenda since the 11 March bombings in Madrid last year. "This is an urgent issue," he said. "The presidency is very keen to have the Parliament on board so that there can be a united front between the three institutions."

Article anticipates a vote at the European Parliament's Civil Liberties Committee on 14 November 2005, on the proposed Directive on mandatory data retention, COM(2005) 438. Author says that the European Parliament now appeared likely to approve the controversial rules requiring the mandatory storage of data on all phone and email communications in the EU.

European Commission: PreLex: COM(2005) 438 final, Proposal for a Directive ... on the retention of data processed in connection with the provision of public electronic communication services ... http://ec.europa.eu/prelex/detail_dossier.cfm?CL=en&ReqId=0&DocType=COM&DocYear=2005&DocNum=0438

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