CNET suggests that there is growing interest in
Washington, DC. The proposals appear to focus on the use of data
for combating crimes against children, but might also be used in
other types of investigation.
Meanwhile, the EU's Article 29 Data Protection Working Party has
published a two-page Opinion that addresses some of its concerns
with the Directive that was adopted by the Council of Ministers on
21st February.
The Directive aims to harmonise Member States' provisions
relating to the retention of communications data, in order to
ensure that the data, which can identify the caller, the time and
the means of communication, is available for the purpose of the
investigation, detection and prosecution of serious crime. The
Directive is not concerned with the content of the
communications.
Under the agreed draft, the data retained will be made available
only to competent national authorities in specific cases and in
accordance with national law. They will be retained for periods of
not less than six months and not more than two years from the date
of communication.
The Directive also provides that Member States will have to take
necessary measures to ensure that any intentional access to, or
transfer of, data retained is punishable by penalties, including
administrative or criminal penalties, which are effective,
proportionate and dissuasive.
The Working Party is an independent EU advisory body which has
the task of assessing the privacy implications of new laws. It
expressed concerns with the Directive when it was still a proposal,
in October 2005. Now that it has been adopted, the Working Party
has reiterated those concerns.
"It is … of utmost importance that the Directive is accompanied
and implemented in each Member State by measures curtailing the
impact on privacy," wrote the Working Party on 25th March.
The Directive "lacks some adequate and specific safeguards as to
the treatment of communication data and leaves room for diverging
interpretation and implementation by Member States in this
respect," it continued.
The Working Party is proposing a uniform, European-wide
implementation of the Directive, to protect privacy and to reduce
the costs to be borne by the service providers.
Eight safeguards are set out in the Opinion, including a call
for a clear definition of "serious crime" within the purposes; and
a recommendation that a list of designated law enforcement
authorities with access to the data should be made public.
