EU Commission opens public consultation on controversial data retention plan

• The European Commission has opened a public consultation on creating a new EU-wide data retention framework, aiming to support criminal investigations by requiring telecom and digital service providers to store user metadata.
• The proposal targets non-content data such as IP addresses, location, timestamps and subscriber details, which the Commission claims are crucial for law enforcement efforts.
• Privacy advocates warn the plan risks reviving mass surveillance, noting that the European Court of Justice has repeatedly ruled against indiscriminate metadata retention due to its infringement on fundamental rights.
• The Commission argues that inconsistent national laws hinder cross-border investigations, justifying the need for a unified EU approach even as internal assessments and past rulings highlight legal risks.
• While initial steps may include voluntary guidelines, the Commission does not rule out future legislation mandating metadata retention under the European Electronic Communications Code, despite strong public opposition and legal uncertainty.

The European Commission has launched a public consultation on a proposed new European Union (EU)-wide data retention framework.

According to a statement accompanying the launch, the Commission argued that to “effectively combat and prosecute criminal offenses,” police and judicial authorities may require access to certain types of connection and location data from electronic communication service providers. Without explicit obligations to store such metadata for a defined period, the Commission warns that crucial evidence could be lost. (Related: EU authorities slap Meta with record $1.3B fine for data privacy law violations.)

Stakeholders across the EU, including telecom providers, civil rights organizations and the general public have until June 18 to submit their feedback.

Notably, the Commission’s current consultation document avoids direct reference to these legal constraints, even as it acknowledges that there is “currently no EU-wide legal framework” in place. The Commission stresses that most member states have their own national data retention laws, but the lack of harmonization poses significant obstacles for police and judicial cooperation, particularly in cross-border investigations.

The proposal is framed within the EU’s broader Internal Security Strategy, with the Commission pledging to present a detailed roadmap for future action in this domain later this year. The Commission insists that its focus is not on the content of communications, but rather on metadata such as subscriber information, transmission logs, device location and time stamps, “crucial for most criminal investigations.”

Furthermore, the Commission seeks to guarantee the availability of such metadata while upholding EU standards on fundamental rights, cybersecurity and the integrity of the internal market. The consultation document suggests that initial steps could include non-binding measures, such as common guidelines on minimum retention periods and technical standards. However, it does not rule out future legislation to impose binding requirements on service providers.

Metadata retention plan rekindles privacy fears

Privacy advocates have warned that the proposal risks reviving mass surveillance under a new guise. The Commission launched the public consultation amid repeated and unequivocal European Court of Justice (ECJ) rulings that such blanket data collection violates EU law.

In a landmark 2014 ruling, the ECJ struck down the EU’s Data Retention Directive, calling it a “serious interference with fundamental rights” due to its indiscriminate nature and lack of safeguards. Subsequent judgments, including one in 2020, reaffirmed the illegality of blanket data retention practices even when fighting serious crime.

An internal Commission analysis leaked in 2023 warned that efforts to reintroduce mass data collection under different names like “communications metadata screening” would likely fail legal tests for necessity and proportionality.

Despite this, the Commission insists that a lack of harmonized EU rules hampers cross-border criminal investigations. It claims that often, “the necessary data is no longer available when the investigation is conducted” due to inconsistent national retention laws.

The current initiative leaves several paths open. These include non-binding tools, such as standardized forms for data requests and binding legislative options, potentially under the European Electronic Communications Code. Under the latter, service providers could be compelled to retain various forms of metadata, including IP addresses, device identifiers and subscriber records, for a duration calibrated by the type of crime being investigated.

While the Commission promises “adequate safeguards” to protect user privacy, critics argue that no technical or legal safeguards can fully mitigate the risks of building large, centralized datasets of personal behavior.

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Sources include:

ReclaimtheNet.org

Heise.de

Brighteon.com