Electronic surveillance enters EU statute books

EU legislation allowing telecoms and internet data surveillance by security agencies will enter into force by August 2007.

Europe’s justice ministers have given final approval to controversial rules forcing telephone operators and internet service providers to store data.

Information such as call logs, numbers called, email or web addresses can then be accessed by law enforcers investigating terrorism or serious crime.

Surveillance of the content of calls or emails is not covered by the EU directive and remains under the scope of national security laws.

The legislation was first tabled in the wake of the Madrid bombings in March 2004 and then fast-tracked under the British EU presidency after attacks on London last July.

Original measures under Europe’s inter-governmental justice procedures were contested by lawyers in the EU institutions and some national capitals.

Agreement followed new European commission legislative proposals drafted under EU data protection and internal market law.

Despite opposition from European telecom operators and internet service providers – that must foot the bill – the measures were backed by MEPs last December.

European justice commissioner Franco Frattini hailed a political compromise deal that “is not perfect” but will boost the fight against crime.

“All 25 member states will in fact have to impose data retention obligations on the telecommunications service and network providers operating in their jurisdiction,” he said.

“This in itself is a major step forward from a point of  view of combating not only terrorism but also, and let me stress that, serious crime more generally - don't forget that horrendous crimes such as paedophile pornography and human trafficking can also be masterminded using telecommunication or internet.”

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