Data Retention: EU Commission inconclusive about potential new legislation
On 6 June 2019, representatives from eight civil society organisations (including EDRi members) met with officials from the European Commission (EC) Directorate General of Home Affairs (DG HOME) to discuss data retention. This meeting, according to the EC officials, was just another one in a series of meetings that DG HOME is holding with different stakeholders to discuss potential data retention initiatives that could be put forward (or not) by the next Commission. The meeting is not connected to the publication of the conclusions by the Council on data retention published also on 6 June which coincidentally tasks the Commission with doing a study “on possible solutions for retaining data, including the consideration of a future legislative initiative”.
Ahead of the meeting, civil society was sent a set of questions about the impact of existing and potentially new data retention legislation on individuals, how a “legal” targeted data retention could be designed, and what are the specific issues (data retention periods, geographical restrictions, and so on) that could be included in case new data retention legislation were to be proposed.
According to the Commission, there are no clear “next stages” in the process, apart from the aforementioned study that will have to be prepared after the Council conclusions on data retention published on 6 June. The Commission will, in addition to this study, continue dialogues with civil society, data protection authorities, EU Fundamental Rights Agency and Member States that will inform a potential future action (or inaction) from the EC on data retention.
Four years ago EDRi met with DG HOME and presented them a study of a set of data retention laws which were likely to be considered illegal in light of the Digital Rights Ireland case. The EC then replied to our meeting and study saying that they would “monitor” existing data retention laws and their compliance with EU law. Four years after that, no infringing proceedings have been launched against any Member State and their (quite probably) illegal data retention laws.
EU Member States willing to retain illegal data retention (16.09.2019)
Data retention – Conclusions on retention of data for the purpose of fighting crime (27.05.2019)
EU Member States plan to ignore EU Court data retention rulings (29.11.2017)
(Contribution by Diego Naranjo, EDRi)