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EU: MANDATORY DATA RETENTION OF TELECOMMUNICATIONS: Council of the European Union: Report from the Commission to the Council and the European Parliament Evaluation report on the Data Retention Directive
01 April 2011
EU: MANDATORY DATA RETENTION OF TELECOMMUNICATIONS: Council of the European Union:
Report from the Commission to the Council and the European Parliament Evaluation report on the Data Retention Directive (Directive 2006/24/EC) - Discussion paper (pdf).
Following on from the Commission report the Council Presidency poses a number of questions: 1) the "
missing definition of serious crime" has led to "
diverging, national practices and indeed, legal uncertainties"; 2) EU court have ruled that the "
permanent collection of traffic data constitutes an interference with the right to privacy"; 3) So should the EU define what is a "
serious crime"?; 4) Should statistics be used to demonstrate necessity and proportionality, especially as "
tables of statistics include generally more empty fields than filled in ones"? "
Missing statistics continue to raise questions.." 5) The current retention limits are a minimum of six months and a maximum of two years - should these be longer or shorter? 6) Should the use of unregistered (anonymous) SIM cards be banned? and 7) Should "data preservation" be used?
Tony Bunyan, Statewatch Director, comments: "
The Council's Discussion Paper raises fundamental issues about the legality of Member States continuing to to gather and retain details of all communications under the Directive."