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EU Data retention directive ‘flawed, unlawful’

April 20, 2011

European state powers to retain data about customers’ telecommunications are set to come in for a kicking with the release of an offical report from the European Commission.

The report, due out this afternoon, is expected to evaluate and gently prod the Commission towards taking further steps to harmonising existing legislation (pdf) in this area and ensuring that it does not clash with the basic human right to privacy.

Others, including digital civil rights organisation EDRI and the Lib Dems Home Affairs spokeswoman in the European Parliament Baroness Ludford, are more critical.

According to the official report, which The Register has seen in leaked form only, privacy rights may be subject to limitation where such limitation is “proportionate to the general interest”. It is right, the report says, that European states should retain data on telecommunications between their citizens, both as a means to break down barriers to trade and as a proportionate response to international terrorism and serious crime.

Source EU Data retention directive ‘flawed, unlawful’

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