Belgium’s data retention law must not undermine people’s right to privacy
Belgium's Parliament will soon vote on the draft law on the collection and retention of identification data and metadata in the electronic communications sector and the provision of such data to authorities. This draft law, as it is and if adopted without adequate adjustments, would pose a threat to people’s rights, such as the right to privacy and data protection, freedom of expression and information, press freedoms and professional secrecy guarantees, and would potentially set a dangerous precedent for other Member States.
The EDRi network welcomes the attempt by the Belgian lawmakers to set up a legal framework in conformity with the Court of Justice of the European Union’s (CJEU) case law for the retention of traffic and location data. Data retention regimes that are illegal under EU law must be abandoned and replaced as soon as possible with solutions that pass the strict necessity and proportionality test established by courts.
It is therefore essential that the new draft law that Belgium’s Parliament is currently discussing does not introduce measures that would replicate the effects of the previous law on fundamental rights and that would be contrary to the Belgian Constitutional Court’s and the CJEU’s rulings.
Unfortunately, this draft law, as it is and if adopted without adequate adjustments, would pose a threat to people’s rights, such as the right to privacy and data protection, freedom of expression and information, press freedoms and professional secrecy guarantees, and would potentially set a dangerous precedent for other Member States.