EU governments are secretly drafting a binding Framework Decision to introduce the universal surveillance of telecommunications. European Parliament faces crucial vote on 29 May to reject the governments' demands on the retention of data and access by the law enforcement agencies.
Statewatch has learnt that in advance of the completion of the EU legislative process on proposals for the revision of the 1997 EU Directive on privacy in the telecommunications sector a number of EU governments are drafting a binding Framework Decision to ensure that all EU member states introduce a law requiring the retention of telecommunications traffic data and the granting of access to it by law enforcement agencies (police, customs, immigration and internal security agencies).
On 29 May the European Parliament plenary session is due to vote on a report adopted by the Committee on Citizens' Freedoms and Rights on 18 April. This report re-affirmed the position taken by the parliament in its 1st reading on 13 November 2001 which opposed the fundamental change being put forward by the Council. Under the 1997 Directive data can only be retained for a short period for "billing" purposes (ie: to help the customer confirm usage details) and then it must be erased. The Council want this data to be retained for law enforcement agencies to access. The European Parliament proposes that the current position is maintained whereby such data can be accessed for the purposes of national security and criminal investigations where it is authorised in a case-by-case basis by judicial authorities.
Statewatch has learnt that in advance of the completion of the EU legislative process on proposals for the revision of the 1997 EU Directive on privacy in the telecommunications sector a number of EU governments are drafting a binding Framework Decision to ensure that all EU member states introduce a law requiring the retention of telecommunications traffic data and the granting of access to it by law enforcement agencies (police, customs, immigration and internal security agencies).
On 29 May the European Parliament plenary session is due to vote on a report adopted by the Committee on Citizens' Freedoms and Rights on 18 April. This report re-affirmed the position taken by the parliament in its 1st reading on 13 November 2001 which opposed the fundamental change being put forward by the Council. Under the 1997 Directive data can only be retained for a short period for "billing" purposes (ie: to help the customer confirm usage details) and then it must be erased. The Council want this data to be retained for law enforcement agencies to access. The European Parliament proposes that the current position is maintained whereby such data can be accessed for the purposes of national security and criminal investigations where it is authorised in a case-by-case basis by judicial authorities.