The amendments attempt to restrict the scope of surveillance powers over individuals within EU Member States. The Commission initially submitted the proposal for the directive last August. However, the Committee considers that at present the draft directive does not provide adequate protection for the privacy rights of individual citizens.
The first amendment proposed by the Committee is intended to reflect the importance of protecting against the potential for Member States to abuse monitoring powers. It includes provisions requiring specific legislation or judicial authorisation of any interception or storage of data relating to electronic communications. It also stipulates that surveillance must be of limited duration, and be proportionate and necessary within a democratic society.
If accepted by the European Parliament, this provision would bring the draft directive into line with requirements in the European Convention of Human Rights, which prohibit any wide-scale general or exploratory electronic surveillance.