cancellation of European law that requires the retention of communication data, ie telephone and email data for at least 6 months brings problems in the European Union. Leaders in the fight against cybercrime and terrorism were happy about it now quite concerned.
On April 8 e , the European Court of Justice annulled the European law which was adopted in 06, after the shock of the terrorist attacks in Madrid in 04 and London in 05. the decision of the law was also attacked by some Irish and Austrian telephone operators.
the Court simply canceled the law retroactively. This creates a real problem as a legal vacuum is created and operators begin to act piecemeal.
The implicit law to keep for at least 6 months all metadata communications, namely the telephone number and the number or address contact, time and place of the call to investigate and to continue "serious crimes".
the court recognized the usefulness of this law, but invalidated as "it creates a major interference, especially as regards the fundamental rights of respect for private life."
the Belgian Association of Internet service providers (ISPA) has asked the Belgian government to quickly clarify the implications of the judgment which led to "a situation of legal uncertainty. "
the Director of the European Centre against cybercrime, Troels Oerting, lamented" now a very limited ability to identify cyber criminals and online child molesters. "
national conservation legislation metadata will therefore continue to remain in force and involved "telecommunications operators bind," said the Luxembourg Ministry of Justice.
judgment involves difficulties for countries like France, which have implemented EU legislation into national law.
This cancels any vacuum level harmonization of Member States. "We'll see disparate laws, some very restrictive, others not at all, depending on the country," commented a source of experts.
The services of the European Commission "are analyzing the judgment to determine what are the consequences," said Michele Cercone, spokesman for Cecilia Malmström, Commissioner for Home Affairs . The latter was actually committed to revising the law, but she was waiting for the decision of the European Court to present its proposals
The judgment has three problems :. The duration of data retention, considered "disproportionate", lack of protection against the risk of abuse, and the lack of measures to "limited to what is strictly necessary" interference in the lives of individuals.
cancellation of EU law requires the presentation of a new proposal states and the European Parliament, said several European sources. This will not be done soon, with the election of the new European Parliament next May 25 and the appointment of the new European Commission to be held in November.
The Liberal Dutch MEP Sophie in 't Veld warned against any attempt to renew the security system of the annulled act. "The future law on the fight against terrorism must respect our privacy and fully protect personal data," she said.
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