-Caveat Lector-

http://www.theregister.co.uk/content/6/26751.html

EU to force ISPs and telcos to retain data for one year
By John Leyden
Posted: 20/08/2002 at 11:56 GMT


European Union proposals on data retention would compel telecom firms to
keep customer email logs, details of internet usage and phone call records
for at least a year.

That's the gist of proposals leaked via civil liberties group Statewatch,
which says the plans increase law enforcement powers without adequate
civil liberties safeguards.

In the name of tackling "terrorism" the EU's Justice and Home Affairs
Minister decided last September that law enforcement agencies needed to
have access to all traffic data (phone-calls, mobile calls, emails, faxes
and internet usage) for the purpose of criminal investigations in general.
The data would not include the contents of messages - only the timing,
source and destination of communications.

A 1997 EC Directive on privacy in telecommunications, which said that
traffic data could only be retained for billing purposes prior to its
erasure, stood in the way of this ambition.

A deal agreed between the Council (the 15 governments) and the two largest
parties in the European Parliament (PPE, conservative and PSE, Socialist
groups) pulled the teeth from the 1997 directive on privacy. The
obligation to erase data was removed and this enabled governments to adopt
laws for data retention if national parliaments agreed.

However document leaked to Statewatch show EU governments always intended
to introduce a law to bind all member states to adopt data retention.

This draft Framework Decision says that data should be retained for 12 to
24 months in order for law enforcement agencies to have access to it.
Records would only become available to law enforcement agencies after
judicial approval, though Statewatch expresses grave doubts about this and
argues that the proposals are the 'thin end of the wedge'.

Tony Bunyan, Statewatch editor, said that the framework furthers a move
from targeted police surveillance powers to "potentially universal
surveillance".

"The right to privacy in our communications - e-mails, phone-calls, faxes
and mobile phones - was a hard-won right which has now been taken away.
Under the guise of fighting "terrorism" everyone's communications are to
be placed under surveillance, he said.

"Gone too under the draft Framework Decision are basic rights of data
protection, proper rules of procedure, scrutiny by supervisory bodies and
judical review."

On August 14, the Danish Presidency put out to all EU governments a
"Questionnaire on traffic data retention" for completion and return
"preferably by e-mail" by Monday 9 September, which will form the basis of
further EU action. ®

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