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According to Statewatch, a not-for-profit group which specialises in monitoring civil liberties, the Council of the European Union is 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. The draft comes in advance of the European Parliament's vote on the revision of the 1997 EU directive on privacy in the telecommunications sector.
The European Parliament proposes that the current position be maintained, whereby data can only be retained for a short period for billing purposes, before it must be erased. The 1997 directive does allow the data to be accessed for purposes of national security and criminal investigations where it is authorised in a case-by-case basis by judicial authorities.
The vote is scheduled for 29 May and may bring EU member governments and the European Parliament into direct conflict on this issue. A majority of MEPs, 314 out of 626, have to back the revised directive in order for it to be approved. If the Parliament rejects the revision, the directive will move to the "Conciliation Committee" stage, in an attempt to reach agreement on a final wording.
"The events of September 11 have moved the goalposts on this issue," says Frank Bannister, senior lecturer in information systems at Trinity College Dublin, commenting on the European change of attitude towards telecommunications privacy.
"Traditionally the EU has been stronger on citizens' rights than the US. But attitudes vary from state to state -- some states have a liberal attitude towards citizens rights and others have a more authoritarian attitude," he said.
"I advise people that mobile phone calls and e-mails are about as secure and confidential as a postcard in the mail. People who need confidentiality should use encryption."
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