Last chance to fight EU data retention
December 9th, 2005
Next Tuesday, the 13th of December, the European Parliament will vote on a Data Retention Directive. This proposes to extend data retention to the Internet, and will result in your ISPs logging every email you send, every web page you visit, and everything else you do online and storing that information for several years.
We urge you to email, fax or phone your MEPs as soon as possible to express your opposition to this measure, which will introduce mass surveillance of every man, woman and child in the EU.
As to what you should say, it is best if that comes directly from what you consider important. However, Privacy International and EDRI have adopted a position (which DRI has endorsed) setting out five key criticisms of the Directive. Feel free to copy and paste these if you wish.
1. This Directive invades the privacy of all Europeans. The Directive calls for the indiscriminate collection and retention of data on a wide range of Europeans’ activities. Never has a policy been introduced that mandates the mass storage of information for the mere eventuality that it may be of interest to the State at some point in the future.
2. The proposed Directive is illegal. It contravenes the European Convention on Human Rights by proposing the indiscriminate and disproportionate recording of sensitive personal information. Political, legal, medical, religious and press communications would be logged, exposing such information to use and abuse.
3. The Directive threatens consumer confidence. More than 58,000 Europeans have already signed a petition opposing the Directive. A German poll revealed that 78% of citizens were opposed to a retention policy. The Directive will have a chilling effect on communications activity as consumers may avoid participating in entirely legal transactions for fear that this will be logged for years.
4. The Directive burdens EU industry and harms global competitiveness. Retention of all this data creates additional costs of hundreds of millions of Euros every year. These burdens are placed on EU industry alone. The U.S., Canada and the Council of Europe have already rejected retention.
5. The Directive requires more invasive laws. Once adopted, this Directive will prove not to be the ultimate solution against serious crimes. There will be calls for additional draconian measures including:
* the prior identification of all those who communicate, thus requiring ID cards at cybercafes, public telephone booths, wireless hotspots, and identification of all pre-paid clients;
* the banning of all international communications services such as webmail (e.g. Hotmail and Gmail) and blocking the use of non-EU internet service providers and advanced corporate services.
Helpfully, we in Ireland are in a unique position to lobby our MEPs – because the Government has already stated it is so opposed to this particular draft that they will bring a case to the European Court of Justice to block it if the European Parliament approves it. Thus even MEPs from the Government Parties have no reason to support the proposed text in Tuesday’s vote.
It is not too late to stop this law: please join us by contacting your MEPs to say no to a surveillance society.
Entry Filed under: Data Retention
5 Comments Add your own
1. Tuppenceworth.ie blog &ra&hellip | December 9th, 2005 at 4:22 pm
[...] 7. For FF MEPs – you can stress that it would be absurd to vote for a measure which McDowell has vowed to oppose / challenge in the ECJ. Full details here: Digital Rights Ireland or Euro Data Retention Wiki [...]
2. Damien Mulley’s Blo&hellip | December 10th, 2005 at 1:37 pm
[...] Digital Rights Ireland overview of this vote. Technorati Tags: bigbrother data retention digitalrights dri eu europe freedom isp privacy rights [...]
3. Alan Hillard | January 11th, 2006 at 3:52 pm
I regret to say that this is simply another part of the overall march to a state of affairs whereby the citizen has only those rights that the state decrees and not the other way around.
4. Digital Rights Ireland &r&hellip | May 25th, 2006 at 3:13 pm
[...] This story suggests that Gardaí or others having access to confidential mobile phone records are leaking them to the press, confirming our previous warnings that data retention would be abused. The legislation makes it clear that information should be accessed only for the “prevention, detection, investigation or prosecution of crime” – it’s silent on the question of advancing a political agenda by media leaks. We’ve written to the Data Protection Commissioner asking him to investigate this apparent abuse of the legislation. [...]
5. Grave Error » Europ&hellip | June 9th, 2006 at 4:23 pm
[...] There has been much criticism of the Patriot Act by Europeans (as well as by Americans), and most of it rightly so. One problem is that in Europe, similar legislation is being passed both on the local level and at the European Union level as well. These are know as Data Retention Laws or are often hidden inside the Data Protection and Privacy Laws. For a good description of the dangers of these laws, see this post from Digital Rights Ireland. In general, the government, when passing legislation that limits the privacy rights of its citizens, must strike balance between the national security interests and those of its citizens as individuals. Now, I am no expert on US Constitutional Law (and in particular on the First and Fourth Amendments), but using a strictly US legal analysis of these laws, there are serious procedural concerns with regards to the infringement of citizens’ fundamental rights. Here is how I reason through these issues: [...]
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