MEPs move towards EU data retention deal

MEPs have “come some way” towards agreeing controversial telecoms data retention measures at the cutting edge of Europe’s war on terror, the British EU presidency has said.

The European Parliament’s Committee on Civil Liberties, Justice and Home Affairs has voted on proposals to force the storage of telecoms data for access by security agencies.

But key divisions remain between MEPs and the council of justice ministers, chaired by the British EU presidency.

“The European Parliament has come some way from previous positions but council and MEPs are not currently on the same page,” said a UK presidency spokesman.

“On all key elements of the proposals there is some considerable difference between them. The presidency will continue with discussions to try and get a deal before the end of the year.”

The parliament’s justice committee voted 33 to eight, with five abstentions, for amended data retention proposals that will be discussed by EU justice ministers next week.

Green and left wing MEPs voted against the measures on privacy and civil liberties grounds.

Critical outstanding issues remain on the time data is held: MEPs back six to 12 months for all communications data, governments six months for the internet and six to 24 months for telephone data.

Parliament is also pushing for the scope of access by law enforcement agencies to the data to be restricted to serious crime – governments are seeking a general crime-fighting tool.

MEPs are also demanding that any national telecoms measures not included in the scope of the EU proposals be banned, a move that would halt Swedish efforts to crack down on cyber paedophiles.

Other important points of difference exist over the passing of data to non-EU countries such as the US, the cost for industry and the logging of unsuccessful calls.

German Liberal MEP Alexander Alvaro is piloting the legislation through parliament under immense political pressure.

He must balance civil liberties concern with a threat from national governments that MEPs will not be asked again if parliament delays or guts the legislation.

The EU presidency is pushing hard to fast-track legislation which requires mobile phone operators or internet service providers to retain and make available communications data to security agencies.

After terror attacks on London in July, the proposals, first tabled after the 2004 Madrid bombings, have shot to the top of the anti-terror agenda.

“The circumstances of this report are quite exceptional in so far as council is exerting a huge amount of pressure on parliament to rush through sensitive legislation to meet what they consider to be a pressing security need,” said Alvaro.

“We have shown ourselves to be credible and mature legislative partners under the co-decision procedure by indicating to council what our position is without delay.”

Divisions emerged between national governments, the European Commission and MEPs over civil liberties, retention requirements and the legal basis for the anti-terror proposals.

EU governments had to make a U-turn in October taking proposals from inter-governmental legal procedures to within EU data protection law.

The move has given parliament powers to block or amend proposals – the first time MEPs have been given such scrutiny role on flagship anti-terror measures.

Sources close to talks indicate that major national players were unhappy at using EU legal procedures, the so-called ‘first pillar’ on data retention rather than the so-called ‘third pillar’ inter-governmental approach.

MEPs used to sounding off with non-legally binding amendments on anti-terrorist measures are now entering the same uncharted territory as governments.

Both sides, indicate sources, must show flexibility if the process is to work on data retention and for future justice legislation.

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