Ireland (with UK, France, and Sweden) has proposed a draft EU Framework decision that will see all telecommunications and location data retained for years for "prevention and detection of crime".
The proposal contains
- no grounds for refusing to execute a request on human rights grounds;
- no limits as to what data can be exchanged where member states allow for the retention of data on all crimes;
- no reference to supervisory authorities on data protection;
- no reference to the individual's right to correct, delete, block data nor compensation for misuse or for related judicial review;
- no reference to controls on the copying of data;
- no rules for checking on the admissibility of data searches.
This follows a Belgian proposal in 2002, which was shot down by the data protection commisioners. The new draft is even worse:
- the time period for the storage of data is extended from 12-24 months to 12-36 months (though member states can opt for longer if they choose);
- the data to be collected is extended from "traffic data" to traffic and "location" data;
- scope extended from 32 specific offences to "any crime";
- scope extended from specific investigations and prosecutions to "prevention and detection" of crime.