<<ole0.bmp>> 
MEPs up in arms about data privacy law
04.05.2005 - 17:35 CET | By Honor Mahony
EUOBSERVER / BRUSSELS - MEPs are set to ask that a controversial proposal on data retention be withdrawn following hefty criticism within the Brussels assembly and by industry.

The proposal to retain data for up to three years from telephone calls and e-mails as part of an overall fight against crime and terrorism was put forward last year by France, the UK, Sweden and Ireland.

At the time it ran into criticism from other member states, particularly Germany, but is now also feeling the heat from MEPs.

A draft report by liberal German MEP Alexander Alvaro condemns the proposal by questioning "whether it is compatible with the principle of presumption of innocence", adding that no thought has been put into either how much it will cost or how it will be possible to retain so much extra data.

It says that if all the data covered by the proposal was to be stored it would amount to the equivalent of "roughly four million kilometres' worth of full files".

One search using existing technology would take 50 to 100 years. "The rapid availability of the data required seems, therefore, to be in doubt", a dry sentence reads.

Industry and civil rights groups on same side of the fence
A hearing organised by the liberal group in the European Parliament on Tuesday (3 May) showed that industry also has its doubts about the proposal - mainly for cost reasons.

Andreas Gebhard from Newthinking Network, quoted experts who believe "it would cost around 200 billion euros to store up the volumes of data by 2010".

Civil society representatives, on the other hand, spoke about breaches of privacy and an infringement of civil liberties.

"No matter how invasive, other laws would then seem acceptable according to the standards set in this case", said Gus Hosein from Privacy International.

By calling for a withdrawal of the report by challenging its legal basis, Mr Alvaro is hoping to get round the fact that because the proposal came directly from member states, parliament is only entitled to be consulted.

Consultation means that parliament can give its opinion but member states can choose to ignore it. But a proposal by the commission would involve the parliament far more extensively.

"The choice of legal base for this decision will be crucial", says liberal leader Graham Watson. 

"The US Congress will not agree to retention of data about American citizens. Why should EU governments believe they can get away without referring such decisions to a democratic vote in European Parliament?", he added.

Mr Alvaro's report is to be voted on in committee on 28 May, where it is expected to be passed, and goes to plenary in the first week of June.

If the report is adopted as is, the ball will then rest in the member states' court on what to do next.

© EUobserver.com 2005
Printed from EUobserver.com 05.05.2005
The information may be used for personal and non-commercial use only.
This article and related links can be found at: http://euobserver.com/?aid=19003&sid=9


^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
       All archives of messages are stored permanently and are
      available to the world wide web community at large at
      http://www.jiscmail.ac.uk/lists/data-protection.html
      If you wish to leave this list please send the command
       leave data-protection to [log in to unmask]
            All user commands can be found at : -
        http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving message please send to the list owner
              [log in to unmask]
  (all commands go to [log in to unmask] not the list please)
   ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^