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EU: Data retention (16.9.05)

01 September 2005

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The latest version of the Council's (25 governments) draft Framework Decision, which has been drafted as a "third pillar" (TEU) measure on which the European Parliament (EP) will only be consulted: Council, full-text, 16.9.05 (pdf) It notes the European Commission's initiative to present two separate proposals, one a Directive on the mandatory retention of telecommunications data by service providers: Mandatory data retention in telecommunications on which the EP will have powers of co-decision, and a second on access and exchange of the data by law enforcement agencies on which the parliament will only be consulted. The latest Council draft says that: "the Council will need to decide if it accepts the approach of a Directive or if it will takes measures on data retention" based on its own draft. The different initiatives stem from the opinions of the two Legal Services who both advised that legally there should be two separate measures, see: Statewatch analysis

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