The question of data retention is a delicate one and is being
debated throughout Europe. Law enforcement and anti-terrorist
agencies are keen to access data retained by telecoms companies and
ISPs to help identify and track suspects. But civil liberties
groups fear that such access erodes privacy rights too far.
The data could include details of all the phone numbers you
call, the geographic location of your mobile calls, the e-mail
addresses you communicate with and the web sites visit.
According to the Irish Times, the Commissioner's concern stems
from a Direction issued secretly in April last year, and described
in a statement by the Commissioner as "requiring telcos to retain
detailed non-anonymous traffic data for a three-year period, for
the purpose of facilitating requests from An Garda Síochána [the
national police force] and from the Defence Forces".
The Commissioner commented: "This measure was intended to be a
temporary 'holding measure' pending the introduction of substantive
legislation to this effect." It was designed to stop the existing
practice by telcos of retaining the data for a period of six
years.
According to the Irish Times, Mr Meade was then made aware that
the Direction was actually in breach of the EU Constitution, lacked
"the character of law" and was "in breach of the principles of
Community law".
The article states that the Commissioner warned in the autumn,
and then again in December, that he would take court action because
the government was dragging its feet over bringing in the promised
legislation to legitimise the data retention. As yet, however, no
action has been taken.
The long-awaited Bill is actually expected this session,
authorising retention of call data, e-mail data and details of web
pages visited for a three-year period. Civil liberties groups are
lobbying hard against it.
