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Impossible to ensure legality of EU communications data retention directive, says Parliament expertise
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Draft press release:

Impossible to ensure legality of EU communications data retention directive, says Parliament expertise

The Working Group on Data Retention today published an expertise prepared by the Legal Service of the German Parliament on the subject of "The compatibility of the EU data retention directive with the EU Fundamental Rights Charter". The Bundestag's legal experts wrote in February that "it is impossible to specify a wording of the directive that would without a doubt ensure its compliance with the Charter of Fundamental Rights". "It has become clear that the successes of blanket communications data retention are very limited", the report continues.
As data retention increases the crime clearance rate only "marginally", the expertise concludes: "In any case, the relationship between ends and means is out of proportion."

"The parliament's expertise confirms our prognosis that the EU Court of Justice will not uphold the data retention directive when asked by the Irish High Court to examine its validity", comments ... of the Working Group on Data Retention. "The EU must abort its experiment immediately and replace the completely disproportionate blanket collection of the entire population's communications records with a system for preserving the data of suspects only."

The Working Group on Data Retention now calls on the governments and parliaments of Austria, Germany, Romania, Sweden and the Czech Republic

1. not to impose or permit any indiscriminate collection of information on all of our telephone calls, text messages, e-mails and Internet connections, especially not before the EU Court of Justice has ruled on the directive's validity, even if the Court might impose fines,
2. to request permission by the Commission and, if necessary, by the EU Court of Justice for not having to transpose the EU data retention directive 2006/24/EC under article 114 (4) TFEU,
3. to politically fight for a withdrawal of the failed data retention directive and for a European ban on laws requiring the blanket and indiscriminate collection of telecommunications data on citizens who are not even suspected of any wrong-doing.

Quote from the expertise prepared by the legal service of the German
Parliament:

"It has also become clear that the successes of blanket communications data retention are very limited. For example a Federal Crime Agency
(Bundeskriminalamt) study found in 2005 that the clearance of but 381 criminal acts failed for a lack of traffic data. The but marginal increase in the clearance rate by 0.006% could raise doubts whether the provisions in their concrete form could stand their ground against a review of proportionality. In any case, the relationship between ends and means is out of proportion.

[...] There are doubts whether directive 2006/24/EC and the obligation to retain data without cause imposed by it are in conformity with the community principle of professional and economical freedom. From an abstract and general point of view, the provisions can be said to be effective. Likewise, they could be said to be necessary, considering that blanket storage is more extensive and therefore more reliable and effective than a preservation order based on a reasonable suspicion.
What is likely to be problematic, though, is the proportionality of the scheme with regard to the relationship between the ends and the means.
Nonwithstanding the pending evaluation by the Commission, which is likely to yield reliable data concerning the prospects of success of data retention, the provisions could in their present form interfere disproportionately with telecommunications operators' fundamental right to professional and economical freedom. Having regard to the current state of debate concerning directive 2006/24/EC and the interpretation of the EU Charter of Fundamental Rights as well as to the existing scope for implementation it is impossible to specify a wording of the directive that would without a doubt ensure its compliance with the Charter of Fundamental Rights. In particular it is not possible to say definitively whether the aims of the directive can be achieved just as effectively by less intrusive means of data collection."
Download the full expertise prepared by the Legal Service of the German Parliament here (in German)
https://wiki.vorratsdatenspeicherung.de/intern:PE-Entwurf/Gutachten

  postat de alexhatenato in 2011-04-22 19:27 | Trackback 0 comentarii


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