Internet users' privacy threatened as EU directive is approved

The Government is expected to come under pressure to scrap safeguards guaranteeing the privacy of Internet users, following a…

The Government is expected to come under pressure to scrap safeguards guaranteeing the privacy of Internet users, following a decision by the European Parliament last week.

The parliament approved an EU directive allowing governments to oblige Internet providers and phone companies to retain data on users for an indefinite period.

At present, companies retain, for billing purposes, records of phone calls, e-mails and Internet sites visited by their customers for a few months. But under the new rules, which are expected to come into force in some member-states by the end of next year, law enforcement agencies could demand access to the records while investigating crimes.

Ireland enjoys one of the most liberal environments for Internet users, with legal protection for the use of encryption and strict rules on data protection. The EU directive does not oblige any government to change its laws but the civil liberties group, Statewatch, has claimed that some memberstates are planning a new initiative that would make the stricter rules obligatory throughout the EU.

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The European Commission initially opposed the new rules on data retention but, in the heightened security atmosphere after September 11th, it bowed to pressure from bigger member-states. Mr Erkki Liikanen, the Commissioner responsible for the Information Society, has indicated he would be uncomfortable if data were kept for more than 12 months. The Commission says obliging telecoms companies to keep data is distinct from handing it over to national authorities.

The directive's supporters stress that member-states may only lift the protection of data privacy to conduct "criminal investigations or safeguard national or public security, when this is a 'necessary, appropriate and proportionate measure within a democratic society' "; that member-states may adopt measures to retain data for a limited period; that these measures must be in accordance with the general principles of EU law, the European Convention of Human Rights and Fundamental Free-doms, and with rulings of the European Court of Human Rights.

But civil liberties groups complain that, because of a handful of terrorists and other criminals, records of e-mails sent and websites visited by all Internet users would be retained indefinitely. Service providers fear the new rules would impose huge extra costs, most of which would ultimately be borne by consumers.