Fear of terrorism eases in "Orwellian" data laws

The fear of terrorism is pushing through European electronic data protection laws before they have been properly considered, according to the Interactive Advertising Bureau (IAB).

Clause 15 of the Draft Communications Data Protection Directive will force service providers to store all electronic traffic data for law enforcement purposes.

The revised clause includes a line that encourages member states to make data retention for service providers mandatory if it is justified by national security.

Danny Meadows-Klue, chairman of the Internet Advertising Bureau (IAB), said: "The impositions on our civil liberty, let alone the technological considerations, are extreme. For the first time across Europe, governments will have access to our digital lives."

He added: "This is the single most Orwellian-like proposition ever proposed, and it's actually going through."

However, David Smith, Europe's assistant Information Commissioner, disagreed with the IAB. He said: "Countries are already starting to introduce data retention laws. Article 15 just clarifies what was in the 1995 data protection directive.

"The UK anti-terrorism act also covers data retention by asking the government to create a code of practice or make a mandatory requirement for service providers within the next 12 months."

However, a spokeswoman from the IAB said: "The global fight against terrorism is being used as justification for rushing legislation through in Europe."

Smith added: "Our concern is that if there is to be retention, time periods should be short and there ought to be harmonisation across Europe so individual providers are not disadvantaged by long data retention time scales."

Legislation on electronic direct marketing and cookies is also included in the Draft Communications Data Protection Directive, which is in its final stages and due to come into force by April.