In the light of its evaluation report on the Data Retention Directive (Directive 2006/24/EC), the Commission said 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 a revision proposal for 2012.
1. When will the Commission present its proposal?
2. In its upcoming review of the Data Retention Directive, will the Commission take account of the judgment handed down by the German Constitutional Court (BVerfG, 1 BvR 256/08 of 2 March 2010), stressing that the requirement to demonstrate the necessity and proportionality of data retention periods has still not been satisfied?
3. Would the Commission consider repealing the directive if no evidence could be produced to demonstrate its necessity or proportionality in a democratic society? Would it at least carefully consider alternatives to data retention, such as expedited data preservation?