[Solar-general] Retencion de datos en la Union Europea

Mie Abr 13 22:57:56 CEST 2005

Las leyes para retencion de datos en la Union Europea podrian ser ilegales
A continuacion el articulo en ingles publicado en:

http://www.theregister.co.uk/2005/04/12/data_retention/

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 EU's data retention laws could be illegal

 By Lucy Sherriff
 Published Tuesday 12th April 2005 16:09 GMT
 Proposed European legislation on data retention may be illegal, according 
 to lawyers at the European Council and Commission.

 The offending sections of the proposed framework agreement on data 
 retention are the requirements the law would impose on communications 
 service providers. The legal eagles argue that such rules should be 
 addressed by the EU's regulation of the telecoms industry, covered in 
 internal market legislation, Statewatch reports.

 The framework document, proposed in April last year by the UK, will 
 require communications service providers to keep user data for a minimum 
 of a year, and possibly indefinitely. Service providers have long been 
 concerned about how much it will cost them to comply with the stringent 
 requirements on keeping and storing data.

 In December 2004, the Council reviewed the proposal, concluded it did not 
 go far enough. It called for service providers to be required to retain 
 all the data "processed/generated by the service provider, even if the 
 data have no interest for the service provider".

 At the time, EU Policy Director Political Intelligence Joe McNamee, said 
 that the revisions demonstrated a "scarcely believable lack of technical 
 awareness".

 According to Statewatch, if the opinion of the EU's legal team is 
 accepted, then the data retention proposal will have to be redrafted to 
 remove all references to the obligations of telecom service providers.

 The civil liberties activists go on to point out that the Council and 
 Commission lawyers have confined their evaluation of the proposal to 
 determining whether the law should be part of the EU's criminal, or 
 economic legislation. Statewatch argues that the proposal is fatally 
 flawed because it infringes on the right to privacy, guaranteed by the EU 
 Charter of Fundamental Rights. ®

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