Commission faces battle on data retention

Euractiv.com writes that MEPs are gearing up for a fight with the European Commission on a review of rules allowing countries to store telecommunications data for anti-terror investigations, as they urge the EU executive to substantially reduce the scope of the law.


After the terror attacks in London and Madrid, the EU rushed through new legislation on retaining telecommunications data to help track suspected terrorists' movements. But the Data Retention Directive continues to anger many lawmakers, who argue they have no proof the law is necessary.


Read more here: http://www.euractiv.com/en/infosociety/commission-faces-battle-data-retention-news-504187?utm_source=EurActiv+Newsletter&utm_campaign=74515e95a1-my_google_analytics_key&utm_medium=email

Data Retention Directive has sound legal basis, rules ECJ

The European Union's Data Retention Directive has a sound legal basis because it connects to policing but does not actually cover policing functions, the European Court of Justice (ECJ) has said.

Ireland and Slovakia had objected to the Directive, which orders countries to pass laws requiring telecoms companies to retain phone and internet usage records for between six and 24 months so that they can be used to help solve crime.

Ireland and Slovakia took legal action to repeal the Directive because it was introduced by mechanisms reserved for economic laws and not through the processes reserved for laws relating to policing and justice.

The ECJ has said, though, that the Directive does regulate economic activity and not policing activity, and so was legally introduced and will stand.

Continue reading here: http://www.out-law.com/page-9783
View the ruling here: http://curia.europa.eu/jurisp/cgi-bin/form.pl?lang=EN&Submit=rechercher&numaff=C-301/06

Source: Out-law.com

Workshop on the Data Retention Directive