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EU: 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

01 April 2011

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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 (Directive 2006/24/EC) - Discussion paper (pdf).

Following on from the Commission report (pdf) the Council Presidency poses a number of questions: 1) the "missing definition of serious crime" has lead 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."

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