TELECOMS: EESC CONCERNED ABOUT FUNDAMENTAL RIGHTS IN DATA RETENTION PROPOSAL.

• Position: European Economic and Social Committee

The EESC maintains that the directive will undermine users' confidence in electronic communications and discourage the use of ITC. A loss of consumer confidence could well lead to a long term slowing of the development of the information society, thereby putting the Lisbon strategy at risk. The EESC also maintains that the proposal is not completely compatible with the principles of subsidiarity and proportionality.

Storing electronic data.

The different timeframes proposed by the Commission for the retention of data are too long and have not been justified by the Commission. The Committee has therefore recommended a cautious and standard period of six months, accompanied by appropriate security and confidentiality measures.

In addition, the extra costs incurred by operators from the storage and transmission of the data referred to in the proposal should be considered as a charge that ought to be borne by the same operators.

Bearing in mind the above, the EESC rejects the proposal for a Directive on the grounds that it does not respect the totality of fundamental rights nor all the rules on access to, use and exchange of data.

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The objective of the Directive, proposed on September 21, 2004, was to standardise the obligations, imposed on...