Feeds

EFF calls for repeal of Data Retention Directive

Retaining logs of network use is 'disproportionate and unpopular'

SANS - Survey on application security programs

Digital rights campaign group the Electronic Frontier Foundation (EFF) has called for the abolition of the European Union's Data Retention Directive, the law that demands that telecoms companies retain logs of subscribers' use of their networks.

The EFF, based in San Francisco, wants the EU's data protection watchdogs to pressure the European Union's governing bodies to repeal the law, claiming that it is disproportionate and unpopular with citizens.

The Directive orders countries to pass laws forcing telecoms companies to keep records of when its services were used and by whom. This information is then made available for passing to police and other state authorities. Countries can choose a retention period as short as six months and no longer than two years.

"The Data Retention Directive is highly controversial, if not wildly unpopular throughout the European Union," said the EFF's Eva Galperin in a blog post. "The directive was strongly opposed by European privacy activists ... as each country in the EU has implemented the Data Retention Directive in their own law, they have faced challenges in state courts."

The EU committee of data protection watchdogs, the Article 29 Working Party, published a report on the Directive earlier this year calling for a restriction in the period of retention. It said that the Directive had not been consistently applied by EU member states.

It said that there should be closer harmonisation in the implementation of the Directive in EU countries, and that the period of retention should shorten. The Working Party added that it should not be up to countries to order the retention of more data than mandated in the Directive.

"The Working Party considers it appropriate to lay down specific recommendations to ensure increased harmonisation, more secure data transmission and standardised handover procedures," said the group's report. "The list of traffic data that are to be retained on a mandatory basis is to be regarded as exhaustive. Accordingly, no additional data retention obligations may be imposed on providers pursuant to the [Data Retention] Directive."

The EFF said that courts in Germany and Romania had rejected laws based on the Directive. The German court ruled that it was unconstitutional and the Romanian court ruled that it breached the right to privacy guaranteed by the European Convention on Human Rights.

"The experience in Europe makes clear that mandatory data retention regimes are disproportionate and unnecessary," said Galperin. "We continue to believe that the legitimate needs of law enforcement can be met by a more targeted data preservation regime, without the collateral damage inflicted by the 2006 directive."

Copyright © 2010, OUT-LAW.com

OUT-LAW.COM is part of international law firm Pinsent Masons.

High performance access to file storage

More from The Register

next story
Android engineer: We DIDN'T copy Apple OR follow Samsung's orders
Veep testifies for Samsung during Apple patent trial
MtGox chief Karpelès refuses to come to US for g-men's grilling
Bitcoin baron says he needs another lawyer for FinCEN chat
Did a date calculation bug just cost hard-up Co-op Bank £110m?
And just when Brit banking org needs £400m to stay afloat
One year on: diplomatic fail as Chinese APT gangs get back to work
Mandiant says past 12 months shows Beijing won't call off its hackers
Don't let no-hire pact suit witnesses call Steve Jobs a bullyboy, plead Apple and Google
'Irrelevant' character evidence should be excluded – lawyers
EFF: Feds plan to put 52 MILLION FACES into recognition database
System would identify faces as part of biometrics collection
Ex-Tony Blair adviser is new top boss at UK spy-hive GCHQ
Robert Hannigan to replace Sir Iain Lobban in the autumn
Alphadex fires back at British Gas with overcharging allegation
Brit colo outfit says it paid for 347KVA, has been charged for 1940KVA
Jack the RIPA: Blighty cops ignore law, retain innocents' comms data
Prime minister: Nothing to see here, go about your business
Banks slap Olympus with £160 MEEELLION lawsuit
Scandal hit camera maker just can't shake off its past
prev story

Whitepapers

Designing a defence for mobile apps
In this whitepaper learn the various considerations for defending mobile applications; from the mobile application architecture itself to the myriad testing technologies needed to properly assess mobile applications risk.
3 Big data security analytics techniques
Applying these Big Data security analytics techniques can help you make your business safer by detecting attacks early, before significant damage is done.
Five 3D headsets to be won!
We were so impressed by the Durovis Dive headset we’ve asked the company to give some away to Reg readers.
The benefits of software based PBX
Why you should break free from your proprietary PBX and how to leverage your existing server hardware.
Securing web applications made simple and scalable
In this whitepaper learn how automated security testing can provide a simple and scalable way to protect your web applications.