In the light of its evaluation report on the Data Retention Directive (Directive 2006/24/EC), the Commission stated on 18 April 2011 that it would propose a revision of the current data retention framework. In its Action Plan implementing the Stockholm Programme the Commission announced that a proposal for revision would be submitted in 2012.
In light of the evaluation report, it can be concluded that the Data Retention Directive does not meet the requirements for privacy and data protection, as the necessity has not been sufficiently demonstrated and significantly less intrusive methods could have been used.
1. Has the Commission considered repealing the directive if there is not sufficient evidence of both its necessity and its proportionality in a democratic society?
2. Has the Commission carefully considered less privacy-intrusive alternatives to data retention?
3. Should the Commission decide to issue a recast of the directive, can the Commission ensure that the new proposal will be:
– proportionate and will not go beyond what is necessary;
– comprehensive and will genuinely harmonise rules on the obligation to retain data and on access and further use of data by competent authorities, and
– exhaustive, meaning that it has a clear and precise purpose.