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EU: EP Rapporteur calls for rejection of proposed EU Framework Decision on data retention

01 April 2005

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In his draft opinion on the proposal, Alexander Nuno Alvaro MEP, the "rapporteur" appointed by the European Parliament's LIBE Committee (civil liberties), sets out three strong objections: (i) the measures have an inadequate legal basis; (ii) "the measures are neither appropriate nor necessary"; (iii) the proposal is incompatible with the right to privacy under Article 8 of the European Convention on Human Rights. If adopted by the LIBE Committee, the report will then be subject to an EP plenary vote.

See also previous Statewatch report: Data Retention proposal partly illegal, say Council and Commission lawyers. The practical impact of the two Legal Services' opinions is that the proposed Framework Decision will have to be amended to take out all provisions relating to the obligations of telecom service providers - which will have to be covered by a separate parallel proposal.

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