Local view for "http://purl.org/linkedpolitics/eu/plenary/2008-06-17-Speech-2-410"
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"en.20080617.39.2-410"2
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"Madam President, obviously every measure taken by the European Union and its Member States to combat terrorism must take fundamental rights into account. Counter-terrorism instruments or policies which do not respect fundamental rights often play into the hands of the terrorists themselves.
The Data Retention Directive requires Member States to force providers of electronic communications services or of public communications networks to retain data concerning the exchange of communications for a minimum of 6 months and a maximum of 2 years. This directive provides important safeguards against the misuse of data. The directive states that retaining the content of communications falls outside the scope of the directive. The directive further states that access to retained data must be defined by the internal laws of each Member State, that these provisions must comply with the European Convention on Human Rights and must, of course, respect the principles of proportionality and necessity.
This means that data retained under the directive cannot be used by the authorities in a Member State to interfere in a person’s private life, except where this is justified for the purposes of detecting and prosecuting serious criminal offences. The directive states that retained data can only be accessible to the competent national authorities. Evidently this means that retained data cannot be used by companies or private individuals. The fact that access to retained data is restricted again means that it cannot be used for public surveillance.
In addition, Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector also apply to data retained under the directive.
To conclude, the Data Retention Directive is essential for making the work of the police more effective and for monitoring, detecting and investigating terrorists, while guaranteeing respect for the private life of individuals and the protection of personal data. The Commission will ensure that the Member States implement and enforce the directive in accordance with fundamental rights."@en1
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