Out-Law / Your Daily Need-To-Know

The UK government and EU law enforcement agencies have been pressing for a change to EU law to allow the retention of communications data by ISPs and others to assist with terrorist and criminal investigations. This week, these demands won the backing of the US with words of support from President Bush.

Bush called for a change to a proposed EU directive on privacy and communications. Currently, EU data protection law prohibits the retention of personal data beyond a period deemed acceptable for billing purposes – currently 30 days. The new directive gives scope to change the law and extend data retention powers of law enforcement agencies.

However, the proposal is the subject of real disagreement between the European Council and European Parliament. Recently, the Parliament’s Civil Liberties Committee backed a report by MEP Marco Cappato advocating strict regulation of such powers. The Cappato report rejected proposals contained in the draft directive which allowed the retention of traffic data for up to seven years.

President Bush expressed his opinion in a letter to the current president of the EU, Belgian Prime Minister, Guy Verhofstadt.

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