Local view for "http://purl.org/linkedpolitics/eu/plenary/2005-12-13-Speech-2-240"
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"en.20051213.55.2-240"2
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"Madam President, there can be no doubt that regulations on data retention can help us a great deal in our fight against terrorism and dangerous crime. The efforts of all those involved in achieving a consensus on this issue should therefore be acknowledged. At the same time, however, I have serious doubts about the interpretation of Article X of the Directive. The period of data retention may be extended to more than two years pursuant to this Article, provided that the appropriate procedure is followed.
Mr Clarke responded to a Polish journalist who had asked whether a data retention period of 15 years would be permissible by saying that a period of this duration would still be compatible with the directive, even in such extreme cases. The draft amendments that have been tabled to the Polish Telecommunications Act by the governing party in the Polish Parliament do in fact provide for a retention period of 15 years. As I see it, this is a test of sorts of the scope of the directive’s application. I do not believe that a 15-year retention period is compatible with the concept behind the directive, the aim of which is to protect individuals’ right to privacy. A retention period of this duration also blatantly violates the principle of proportionality, and means that the directive’s impact will not be commensurate with its goals. Furthermore, there is a risk that procedures resembling those of a police state could be used, which would further the government’s short-term political goals while subjecting citizens to long-term and far-reaching surveillance. There is every chance that data stored in such large quantities for such long periods could leak out. This would provide criminal groups with even more opportunities to use it, which runs counter to the directive’s fundamental goal. I should therefore like to receive a clear answer from the Commissioner, and also from the Council representative, to the question of whether the Commission regards a 15-year data retention period as acceptable in line with the procedure outlined in Article X.
I hope that Mr Clarke’s response to the Polish journalist was founded on a misinterpretation of the directive, although it may well be the case that he has made some sort of concession to the Polish Government on this matter in order to achieve a compromise at any cost. Since we are adopting joint regulations, however, we have a right to call for them to be interpreted similarly by all of the EU institutions."@en1
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