The governments of France, Ireland, the Kingdom of Sweden and UK have proposed a draft EU Framework Decision that if adopted will see all telecommunications location and traffic data retained for between 1 and 3 years, or longer, should the member states choose. Key points:
- proposal broader in scope than 2002 version leaked by Statewatch; grave gaps in civil liberties protection remain;
- data to be held for between 12 and 36 months, though member states can opt for longer if they choose;
- data to be retained extended from “traffic data” to traffic and “location data”;
- scope extended from 32 specific offences to any crime;
- scope extended from specific investigations and prosecutions to “prevention and detection” of crime.
The proposal brings home to roost long standing demands by the law enforcement community for the compulsory retention, and thus surveillance, of all telecommunications data.
See: http://www.statewatch.org/news/2004/apr/21dataretention.htm
Ben Hayes of Statewatch comments:
“If this proposal was a genuine anti-terrorism measure it would be clearly restricted to terrorist offences. The fact that it is so broad as to potentially cover any crime shows just how cynically EU governments are exploiting the climate engendered by 'September 11' and now 'March 11'.
“This is a proposal so intrusive that that Ashcroft, Ridge and company can only dream about it, exceeding even the US Patriot Act.
“What is needed is good intelligence on specific threats, rather than mass surveillance of everyone, generating more data than can usefully be analysed. The increase in convictions of people exchanging child pornography has come without wide-ranging data retention. This proposal is disproportionate, unnecessary and has no place in a democracy. ”
Statewatch: Monitoring the state and civil liberties in Europe
http://www.statewatch.org
- proposal broader in scope than 2002 version leaked by Statewatch; grave gaps in civil liberties protection remain;
- data to be held for between 12 and 36 months, though member states can opt for longer if they choose;
- data to be retained extended from “traffic data” to traffic and “location data”;
- scope extended from 32 specific offences to any crime;
- scope extended from specific investigations and prosecutions to “prevention and detection” of crime.
The proposal brings home to roost long standing demands by the law enforcement community for the compulsory retention, and thus surveillance, of all telecommunications data.
See: http://www.statewatch.org/news/2004/apr/21dataretention.htm
Ben Hayes of Statewatch comments:
“If this proposal was a genuine anti-terrorism measure it would be clearly restricted to terrorist offences. The fact that it is so broad as to potentially cover any crime shows just how cynically EU governments are exploiting the climate engendered by 'September 11' and now 'March 11'.
“This is a proposal so intrusive that that Ashcroft, Ridge and company can only dream about it, exceeding even the US Patriot Act.
“What is needed is good intelligence on specific threats, rather than mass surveillance of everyone, generating more data than can usefully be analysed. The increase in convictions of people exchanging child pornography has come without wide-ranging data retention. This proposal is disproportionate, unnecessary and has no place in a democracy. ”
Statewatch: Monitoring the state and civil liberties in Europe
http://www.statewatch.org