Protection watchdog attacks ‘excessive’ data retention plans

DATA Protection Commissioner (DPC) Joe Meade yesterday said it would be strongly opposed to any “excessive” plans by the Government to retain data on people’s private use of phones, email and the internet.

Far-reaching measures agreed by EU leaders in Brussels last week specified the retention of personal telecommunication data as a key weapon in the fight against terror.

Data retention legislation being drafted here will take into account the contents of last week's EU Declaration on Combating Terrorism.

"Our position is very clear. We have come out against excessive data retention," said deputy data commissioner Tom Maguire.

The office a State body operating under the authority of the Oireachtas will scrutinise carefully details of the draft legislation, expected to be published soon.

Mr Meade has expressed strong concerns at emergency measures brought in by the Cabinet in 2002 ordering phone companies and internet service providers (ISPs) to retain data for three years.

This was in stark contrast with his view, which said data should not be held for longer than six months.

Data includes information about the name and address of the sender and receiver, as well as the date, location and duration of the communication. It does not include the content of the message.

Mr Meade described three years as "excessive" and twice threatened to take High Court proceedings to stop the Cabinet order.

He agreed to defer court proceedings following promises legislation was being prepared which would put data retention on a clear legal basis.

It is expected the Communication Data Retention Bill will seek to enshrine the current 'temporary' three-year time frame in the legislation. This would be a cause of serious concern not only to the DPC but also civil rights groups and business organisations.

"The Data Protection Commissioner is in no way an obstacle in the fight against terror or crime. What we call for are balanced and proportionate measures, that take account of the right to privacy," said Mr Maguire.

EU data protection commissioners last year warned proposals for the mandatory systematic retention of traffic data for a year or more were "disproportionate and unacceptable" and would breach rights of privacy enshrined under the European Convention of Human Rights.

A Department of Justice spokeswoman said work was ongoing on the Communication Data Retention Bill and it would take into account the EU Declaration on Combating Terrorism.