Data retention rules still 'lack real justification'

2.12.28pm BST (GMT +0100) Tue 20th Sep 2005

The Liberal Democrats' European justice spokeswoman Baroness Sarah Ludford MEP welcomes the intention of the European Commission to adopt tomorrow (Wednesday 21/9) a much tighter and more targeted legislative proposal on storage of communications for crime-fighting purposes than a version championed by British Home Secretary Charles Clarke. The UK government is anxious to get EU wide data-retention laws agreed before its EU presidency ends in December.

The sloppy 'traffic data retention' ideas put forward by 4 Member States led by the UK have aroused a lot of opposition among MEPs and civil liberties campaigners. The European Parliament, only allowed an advisory opinion, rejected this version in June and is set to confirm that negative decision next week in Strasbourg. A Commission proposal will mean 'co-decision' of the European Parliament with EU governments, thus requiring the approval of MEPs.

Sarah Ludford said:

"The Commission proposal will certainly be more reasonable than Charles Clarke's version. But storage of everyone's phone, email and website use is costly as well as a massive invasion of privacy and increase in state surveillance, so the threshold for justification is a high one."

"I am still worried by the absence of a serious cost-benefit analysis. Assertions are made about the need to keep records for a considerable time, but the evidence is thin. No decent rebuttal has been delivered of the case for a short retention time plus specific 'freezing orders' for communications records of suspects."

"Since we will have the leverage to do so now, MEPs must probe the real necessity for invasive measures. Whilst EU-wide cooperation is crucial to stop terrorism and organised crime, Member States should first end cross-border turf wars and actually implement cooperative arrangements they've signed up to."

Note:

This Commission proposal is expected to require phone companies to store information on customers' phone and mobile use for up to one year, and internet providers to retain the data for 6 months. It is likely to restrict the scope of the use of the data by law enforcement agencies to investigation of serious criminal offences, such as terrorism and organised crime. This law would be accompanied by a separate one to be proposed in 2 weeks' time, on data protection rules for police use of information.