TELECOMMUNICATIONS: COMMISSION SEEKS TO STRIKE HAPPY MEDIUM ON TRAFFIC DATA RETENTION.

The Commission makes particular reference to a draft Council Framework Decision submitted by four Member States (France, Ireland, Sweden and the UK) in April. These countries want to make traffic data retention compulsory "for the purpose of prevention, investigation, detection and prosecution of crime and criminal offences including terrorism", for a period of at least 12 months and at most 36 months.

The Commission also recalls the European Council's March 25 Declaration on fighting terrorism. Adopted just two weeks after the Madrid train bombings, the statement invited EU Ministers to examine "proposals for establishing rules on the retention of communications traffic data by service providers". The Declaration also stated that priority should be given to these questions with a view to adoption by June 2005. The aforementioned draft Council Framework Decision is, moreover, a response to this Declaration.

At present, traffic data retention for public telecommunications networks is governed by Directive 2002/58/EC of the European Parliament and Council (July 12, 2002) concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on Privacy and...