The European Commission has announced that it plans to amend the 2006 Data Retention Directive, Directive 2006/24/EC. This Directive states that the national laws of the EU Member States must require providers of publicly available electronic communications services and public communications networks to retain traffic and location data for a period between six months and two years, in order to allow for the investigation, detection and prosecution of serious crime.
According to the Report of the EU Commission, while it is clear that rules on data retention remain necessary as a tool for law enforcement, the protection of victims, and the criminal justice systems, the current regime has many flaws. The report, published in mid April 2011, provides an initial analysis of the problems raised by the current draft of the 2006 Data Retention Directive and explains that the Commission intends to develop a better legal framework that balances the needs of governments, the rights of data subjects, and the financial constraints of the operators. (more…)