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EU Data Chief Warns About Privacy NewsMax.com Wires BRUSSELS, Belgium -- The European Union's data protection supervisor Monday criticized EU plans to retain phone and e-mail data for use in anti-terrorism investigations, saying they failed to protect civil liberties and gave a free hand to national intelligence services. Peter Hustinx said the proposals - one drafted by EU governments, the other by the European Commission - did not prove the need for EU-wide data retention rules. He added that the rush to push through the bills following the London bombings in July would come at the cost of civil liberties. He highlighted the proposal drafted by EU governments which could see data like times of phone calls retained for up to three years. "For too long this subject has been discussed under circumstances which were far from adequate," Hustinx said. "Any proposal at this time should ensure respect for the European Convention on Human Rights. ... If that is not the case, then it's not just unacceptable but illegal." He warned that "a time limit (on keeping data) beyond one year would be disproportionate."
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British Home Secretary Charles Clarke, who is chairing the EU negotiations, has called for the 25 governments to look at curbing some civil liberties to allow for improved police investigations into suspected terror groups. EU governments have been working hard to agree on data retention rules, in particular how long such data should be retained and who should pay for the added cost of keeping the records. Telecommunications companies are opposed to being left with the costs. Clarke wants to get a deal by the end of the year, arguing quick adoption of EU-wide rules are key to catching crime gangs and terrorists. Hustinx said the separate Commission plan, which would force phone networks across the European Union to keep data for one year - and Internet access providers for six months - needed clarification, warning it had loopholes exempting intelligence agencies.
Hustinx said the plans should include "strictly limited retention periods," and should state clearly that data after a certain time is destroyed. He added that the proposal should make clear that the content of the phone calls and e-mails was not recorded, saying that violated EU privacy rules. He also said that a list of "serious crimes," where gaining access to phone and e-mail records would be justified, should be more precise. Hustinx said national judicial authorities and national parliaments should have oversight to ensure human rights were not being violated, and said telecommunications companies should have the right to compensation for their investment in the technical infrastructure. Hustinx's report which was handed to EU governments and the Commission Monday, puts more pressure on the EU to yield to civil liberties groups that have for months criticized the plans as going too far.
© 2005 The Associated Press
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