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Law & Policy

Europe to pass tough new data retention laws

Charles Clarke is a happy man...

Tags: europe, european parliament, data retention, data retention laws

By Jo Best

Published: 14 December 2005 14:45 GMT

The European parliament has today passed new, far-reaching data retention legislation for the telecommunications industry.

The directive, which will require ISPs and phone companies to keep data on every electronic message sent or phone call made for between six months and two years, has been criticised as a threat to the personal privacy of European citizens.

Agreement on retaining communications data places a vital tool against terrorism and serious crime in the hands of law enforcement agencies across Europe.

-- Charles Clarke, Home Secretary

Telecoms providers will now have to keep data including the time of each fixed and mobile phone call made in Europe, whether the call is answered or not, the duration of the call and other details that can trace the caller, as well as times users connect to the internet, their IP addresses and details pertaining to emails and VoIP calls. The content of the communications will not be recorded.

The legislation is being championed by the UK and other governments. They say it will help to trace terrorists through communications records. The change in the law was proposed during the UK's presidency of the EU in the wake of the 7 July London bombings.

Telcos and ISPs had expressed concerns about the financial impact of the parliament's decision as the new law will drastically increase companies' storage costs but makes no move to compensate them.

According to the Home Office, European Union member states could begin implementing the directive from as early as next year.

Home Secretary Charles Clarke said in a statement: "Agreement on retaining communications data places a vital tool against terrorism and serious crime in the hands of law enforcement agencies across Europe. Modern criminality crosses borders and seeks to exploit digital technology."

A separate data retention directive from the European Commission was passed earlier this year, despite fierce criticism from both the public and private sector.

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