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16th Jun 2018

EU ministers move forward on controversial data retention proposals

EU justice ministers meeting in Brussels on Thursday (2 December) took further steps on controversial proposals to retain data about telephone calls and e-mails as part of an overall fight against crime and terrorism.

The new proposals, which were originally pushed by the UK and France amongst others, were prompted by the terrorist attacks in Madrid earlier this year as well as the September 2001 attacks in the US, and are expected to be in place by 2005.

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The Dutch EU presidency gave member states two options: that service operators retain the information that they would gather anyway for commercial purposes or go beyond that to keep a list of specific data – as yet to be defined.

Despite opposition by Germany and others for data privacy reasons, the second option has been chosen.

Dutch Justice Minister Piet Donner said this "goes rather further and involves service providers of data communications being required to retain certain data for a certain period".

A small working group will now look into the issues surrounding such legislation – mainly cost, which will depend on the data retained, and privacy questions.

Strong concerns

The proposal has raised strong concerns.

Questions remain about how far records on the internet and text messages could be looked in to.

This will be among the issues that has to be examined.

Another issue is whether someone would be recorded simply for looking at a message that has been sent to them via the internet.

UK MEP Sarah Ludford, who is a member of the civil liberties committee in the European Parliament, said that the proposals require the retention of telecoms data "so that police or intelligence agencies can later seek access long after the data should be deleted under EU telecoms privacy law".

At their meeting, ministers also agreed a decision on the exchange of information on criminal records.

This decision, which passed quickly through Council, was prompted by the recent case of the serial killer Michel Fourniret who was able to carry out his crimes for years by exploiting the poor communication between French and Belgian authorities.

Ministers also discussed general approaches to fighting terrorism – something that will appear on the agenda of EU leaders meeting in Brussels later this month.

MEPs up in arms about data privacy law

MEPs are set to ask that a controversial proposal on data retention be withdrawn following hefty criticism from both industry and civil rights groups.

Investigation

UK unlawfully copying data from EU police system

The British government is abusing EU travel security systems, making and using illegal copies of outdated information, and putting innocent people at risk of being red-flagged.

GDPR - a global 'gold standard'?

The new EU privacy rules are touted as a global 'gold standard' - but Mexico's former data commissioner warns some nations are far from ready.

New GDPR enforcer says complaints imminent

The European Data Protection Board is a new EU body tasked with enforcing the EU's privacy laws with powers to impose massive fines. Its head Andrea Jelinek told reporters complaints against companies are expected to be immediate.

Feature

EU and Turkey fight for 'lost generation'

Some 300,000 school-age Syrian children in Turkey are not enrolled in classes. Fears they may end up in sweatshops or forced to beg have triggered efforts by the EU, Unicef, and the Turkish government to keep them in school.

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