‘Monumentous Battle’ Said Raging over Telecom Data Storage
European justice ministers and the European Parliament (EP) are tangling over mandatory retention of communications data, European Digital Rights (EDRI) reported Thurs. On Nov. 14, 2 parliamentary panels will tackle amendments to a draft framework decision backed by the U.K. Presidency and the Justice & Home Affairs (JHA) Council. The Presidency is pushing for approval by its Jan. 1 term end, but the sides appear as far apart as ever. Still, the U.K. Home Office is optimistic of agreement by then, a spokesman said.
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After an Oct. 24 meeting of the EP committee on civil liberties, justice and home affairs (LIBE), political groups appeared ready to cut retention of Internet traffic data out the proposal altogether. Instead, they seemed to want to focus on a limited set of telephony data, and limit storage to 3 months, not the minimum one-year period contained in a Presidency compromise package (CD Oct 13 p7), EDRI said. German MEP Alexander Alvaro, who authored a report critical of data retention, is said to favor exempting location data as well; setting a 5-year sunset on data retention rules; booting “prevention” of crime as a basis for mandatory data retention; and cataloguing types of data stored in a fixed rather than flexible list.
Members of the industry, research and energy committee (ITRE), meanwhile, have a menu of amendments, EDRI said. Official reporter Angelika Niebler proposed limiting data storage to 3 months and limiting the set of data to be retained, but signaled she’s not ready to delete Internet data. Other ITRE members suggested a 6- month retention of telephony traffic data and 3 months for Internet, urging that failed call attempts be stricken.
Lawmakers also are weighing a data retention directive unveiled in Sept. by the European Commission (EC) (CD Sept 22 p6). At an Oct. 24 meeting, LIBE members had a Commission briefing on technical issues related to its draft directive. The supporting Q&A document addresses 21 issues, including: (1) What data sets to be captured mean in layman’s terms and why it’s vital to store them. (2) How data retention can help track someone who uses a false identity or creates a new e-mail account for each occasion. (3) Whether non-European Union countries will be able to access the information.
European data protection commissioners again rejected the concept of data retention. In an Oct. 21 opinion on the Council and EC drafts, the Art. 29 Data Protection Working Group said any restriction on the “inviolable, fundamental rights to confidential communications” must be “based on a pressing need, should only by allowed in exceptional cases and be the subject of adequate safeguards.”
The Commission proposal might mean briefer maximum data retention periods than in other recent proposals, the panel said, but it questioned whether the rationale for mandatory storage “is grounded on crystal-clear evidence.” It also raised doubts about whether the draft directive’s proposed retention periods are “convincing.”
The working group laid out general requirements for any data retention measure. These include limiting it fighting terrorism and organized crime, rather than “serious” crime; using less intrusive approaches; periodic evaluations and a 3-year sunset; and not bringing communications services providers under storage rules until safeguards are in place for processing, authorization and control, determination of data categories, security and so forth.
A Home Office spokesman disputed EDRI’s description of the debate between the Council and the EP as a “monumentous battle,” saying the Commission and the Council are listening to lawmakers’ concerns. But, he added, it’s premature to say agreement is coalescing. Permanent Representative Committee met Thurs. and will meet again next week with EP political leaders. Meetings will come “thick and fast” in coming weeks as ministers try to make as much progress as possible before a Dec. 1-2 JHA Council meeting. “Watch this space,” the spokesman said.