Volume III

Issue : 22: December 15, 2005

• Ontario Court of Appeal Overturns Defamation Decision
• SEC Proposes Website Postings to Replace Mail for Proxy Statements and Annual Reports
• German Court Rules Online Publisher Must Monitor Reader Comments
• California Appellate Court Releases Important Decision on Forum Selection and Class Action Restriction Clauses
• Identity Thief Sentenced to 18 Months Imprisonment for Card Skimming
• U.S. Appeals Court Rejects Music Downloaders Fair Use Defence
• EU Telecoms Subject to New Data Tracking Plan

Home > Volume III > Issue 22: December 15, 2005 > EU Telecoms Subject to New Data Tracking Plan

EU Telecoms Subject to New Data Tracking Plan

European Union (EU) justice ministers have agreed upon a data-tracking plan to help curb terrorism, drug-trafficking, and other serious crimes. The initiative requires telecommunication providers to preserve phone call and Internet traffic tracking information for 6 to 24 months. The bill was initially drafted by Britain in the wake of the 2004 train bombings in Madrid and the terrorist attacks in London earlier this year.

Only details surrounding phone calls and Internet use, and not content, are to be retained under the plan. For land phone lines, this includes both source and receiver name and address information, and the start and end times of the phone call. Mobile callers will also have their Subscriber Identity Module (SIM) number and location recorded. Notably, both connected and unanswered calls will be tracked. Internet traffic will be traced via user ID, IP address, connection and disconnection dates and times, the subscriber’s name and address, and the telephone number of a VoIP connection.

There has been much debate about the data retention period. In late November, the European Union Parliament's Civil Liberties Committee (the “Committee”) had voted 33 to 8 in favour of a shorter 6 to 12 month retention period. However, some EU member states had pushed for a period of 24 months. Both Ireland and Italy already have stricter national laws with four year and three year retention periods, respectively. At present, only Ireland, Poland, Slovenia, and Slovakia remain opposed to the plan.

Further criticism has come from the Committee, which is concerned that the information will not be properly safeguarded from theft and misuse. Telecoms are more concerned with the expense required to reconfigure their networks to support such an initiative. The deal allows national authorities to decide whether the government or the telecoms themselves will be responsible for funding the initiative.

The bill is being fast-tracked through the EU Parliament, primarily by Britain, because Austria is set to take over the EU presidency in January and it is believed that Austria does not regard the plan as being a high priority. The proposed data-tracking directive will be voted upon in a full plenary session of the EU Parliament in Strasbourg in mid-December.

For a recent draft of the proposed directive, visit: http://www.statewatch.org/news/2005/dec/eu-dat-ret-council-15449-05.pdf

For additional information, visit:

http://www.siliconvalley.com/mld/siliconvalley/news/editorial/13312628.htm