The terms of the Directive
In general terms, the Directive aims to harmonise Member States'
provisions relating to the retention of communications data, in
order to ensure that the data, which can identify the caller, the
time and the means of communication, is available for the purpose
of the investigation, detection and prosecution of serious
crime.
The Directive is not concerned with the content of the
communications.
Under the agreed draft, the data retained will be made available
only to competent national authorities in specific cases and in
accordance with national law. They will be retained for
periods of not less than six months and not more than two years
from the date of communication.
The Directive also provides that Member States will have to take
necessary measures to ensure that any intentional access to, or
transfer of, data retained is punishable by penalties, including
administrative or criminal penalties, which are effective,
proportionate and dissuasive.
Each Member State is obliged to designate a public authority to
be responsible for monitoring the application of the Directive
within its territory, and will have around 18 months in which to
comply with the Directive after it enters into force. This is due
to take place on the 20th day after the publication of the
Directive in the Official Journal of the European Union.
Politics
The measure was controversially pushed through the European
Parliament in December, following threats from Ministers that if
MEPs were unable to approve a compromise draft and rejected the
proposals – as they had done twice previously – the Council would
push through its own, more stringent legislation.
But not all members of the Council are happy with the result.
Both the Irish and Slovak governments would have preferred to adopt
the Council-led proposals, using a process that requires unanimity
in the Council and a non-binding opinion from the Parliament. Such
a process is normally used in security matters.
Instead, a Commission-led process was used, resulting in a
Directive, which requires the approval of the European Parliament
and a majority vote in the Council of Ministers.
The Irish and Slovakian delegates voted against the Directive;
but the majority support means it is now adopted.
According to reports, the Irish Government, which wanted more
stringent measures, is unhappy that it had no veto in what it
regards as a security matter, and is considering taking the matter
to the European Court of Justice.
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