Govts. Chided for Keeping Legislators in the Dark
The European Parliament (EP) wants to cooperate on the prickly issue of mandatary retention of Internet and telecom traffic data but resents pressure for a quick decision, some members said Mon. Admitting the EP has limited sway in the arena, EP Pres. Josep Borrell criticized the Council of the European Union for resisting continued calls to work more openly. Legislative bodies “can’t continue to work in the dark” on such an important matter, he said as the EP and national parliaments met jointly to improve their scrutiny of police and judicial antiterrorism and criminal activities.
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The U.K. Presidency wants accord by this year among the Council, EP and European Commission (EC) on the topic. The EP isn’t “trying to throw a spanner wrench] in the works,” said Alexander Alvaro, author of a report for the EP civil liberties, justice and home affairs committee on the proposed Council framework decision on data retention. The EP is working faster, with a view toward a first reading of a data retention measure in Nov., he said. But pressure from the Council makes him “feel I've got a gun against my head,” he said.
Not long ago many MEPs opposed data retention, Alvaro said. Now most lawmakers see its importance and welcome a recent EC proposal for a directive and a data protection law. The EP has moved toward compromise, but the Council hasn’t, he said. Alvaro and others have openly criticized what they see as a “take it or leave it” attitude on the Council’s part (WID Oct 17 p3).
Several speakers said they wonder why it’s taking so long to reach agreement on data retention. Proposals on the table should be dealt with, not bogged in endless debate, a French legislator said. It may be too late for the scheme, since violent groups know of it and are working around it, another French lawmaker said. Nevertheless, she said, such a law should be enacted.
Data retention “is a reality,” just like the London and Madrid bombings, said U.K. MEP Michael Cashman. EP inaction denies that reality, he said. Privacy must be balanced against the right to safety, but lawmakers shouldn’t “strain” to find civil liberties that don’t exist, a member of the U.K. Commons said. “Get on with the job,” he said.
But several speakers still opposed the Council draft. Finland’s parliament agreed recently the proposal “is not acceptable to us” a legislator said. The Dutch govt. will not approve data retention in the context of law enforcement purposes, a Dutch parliament member said. She asked why the Presidency insists on pushing the Council version, knowing Holland’s minister will not sign on to it. The EP is in an excellent negotiating position, the lawmaker said: “Be tough.”