Evaluation of the Data Retention Directive

16.9.2010

Question for written answer E-7658/2010
to the Commission
Rule 117
Rebecca Harms (Verts/ALE)

As long ago as 2008 the Commission appointed a group of experts to review Directive 2006/24/EC on the retention of data[1]. In September 2010 the Commission is due to present Parliament with an evaluation of this directive.

1. Is the Commission aware that citizens' rights, data protection and human rights organisations, as well as telephone counselling services and helplines, professional associations representing journalists, lawyers and doctors, trade unions, consumer organisations and business associations are opposed to data retention?

2. Does the Commission have information about the extent to which the crime rate or clear-up rate differs in a statistically significant manner in countries without data retention as compared with countries which have transposed the Data Retention Directive?

3. Does the Commission consider the directive to be compatible with the judgment of 4 December 2008 handed down by the European Court of Human Rights in the Marper case (http://cmiskp.echr.coe.int/tkp197/view.asp?action=html&documentId=843941&portal=hbkm&source=externalbydocnumber&table=F69A27FD8FB86142BF01C1166DEA398649)?

4. In 2009 the Romanian Constitutional Court ruled that general data retention was unconstitutional (http://www.vorratsdatenspeicherung.de/content/view/342/1/lang,en/). What conclusions does the Commission draw from this ruling?

5. Will the Commission propose that the directive should be non-binding, so that Member States can decide not to implement data retention (opt-out) and can fully guarantee freedom of communication for their citizens? If not, why not?

• [1] OJ L 105, 13.4.2006, p. 54.

OJ C 243 E, 20/08/2011