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Friday 16th December, 2005

European Union Approves Public Surveillance via Retention of Internet, Email, and Telephone Data

Adam Pegley, www.idcardandyou.co.uk


This week the European Union Commission announced measures for EU-wide recording of citizens’ private internet and telephone data as follows:
The EU Data Retention Directive defines this data as: internet usage data, user/subscriber name, and address, time of communication, location, and numbers used. This will include faxes, private emails, and text messages (SMS).

Costs incurred by telephone and internet providers will be paid for by the tax payer. The UK will apply the directive.
Original European Community Law designed to safeguard privacy requires the deletion of this data once a communication has taken place (although some data can be retained by the provider for billing purposes). For crime prevention, investigations, and prosecutions, member states (including U.K.) could acquire specific data on specific individuals.

In contrast, under the new directive, the U.K. will record data on all private individuals regardless of whether they are involved in criminal activity.
 
With the growth of flat-rate and pre-paid mobile telephone contracts and the introduction of VOIP services, companies have had little reason to store data for billing purposes. In return the consumer has enjoyed greater freedom and anonymity under these deals.

Attempting to justify a further invasion into the privacy and freedom of EU citizens, Vice President Franco Frattini commented “This agreement is a victory for democracy, a victory for EU citizens……A victory for the EU citizens because this instrument deals with the real issues they are faced with, such as taking a train to work without fearing (for) ones life”.

References:

EU Commission Press Release, Commission Presents Comprehensive Counter-terrorism Package, IP/05/1166 21/9/05
EU Commission Memo, Data Retention Directive, MEMO/05/328, 21/9/05
EU Commission, Commission proposes rules on communication data retention which are both effective for law enforcement and respectful of rights and business interests, IP/05/1167, 21/09/05
Vice-President Franco Frattini, European Commissioner responsible for Justice, Freedom and Security, Declaration on the first reading deal on data retention of telecommunications, Plenary Session, SPEECH/05/794, 14/12/05