Brussels, 31/05/2012 (Agence Europe) - On Thursday 31 May, the European Commission decided to take Germany before the EU Court of Justice and to threaten it with financial penalties, reproaching it for still not having transposed the European directive on data retention. The directive was adopted in 2006, making it compulsory for telephone companies and internet service providers to store telecommunications traffic and location data relating to users for the purpose of countering terrorism and serious crime. Data was to be retained for at least six months and up to two years.
Member states were due to transpose the directive in September 2007 but had the option of postponing the retention of communication data relating to internet access, internet telephoning and internet email until 15 March 2009, the Commission points out in a press release. There was one problem: - the German Federal Constitutional Court in Karlsruhe had annulled the German national law transposing the directive in March 2010, considering its provisions disproportionate and detrimental to privacy.
The German government which, moreover, was divided between its justice and home ministers, had then attempted to submit its transposition plans to the Commission, suggesting for example that there could be a “quick freeze” system, i.e. retention limited in time of highly specific data. The project did not, however, receive endorsement from the Commission, which considered it did not comply with the directive.
On Thursday 31 May, the Commission therefore decided to bring the case to Court, proposing to impose a penalty payment (€315,036.54) for each day after the Court ruling until the country ceases to be in breach of EU law, states a press release. The Commission takes the view that, since the ruling of the German Constitutional Court, the country has “been given a considerable amount of time to transpose the directive into national law”. In October 2011, the Commission had sent to Germany a reasoned opinion whereby it called on the authorities of that country to come into line and, on 26 March this year, it had warned Berlin that it would ask the Court of Justice to impose fines if necessary. “Since then, German authorities have not indicated how and when they will adopt new legislation that fully complies with the directive”, the Commission states.
In April 2011, in an evaluation report analysing how member states have transposed the directive in the context of EU counter-terrorism measures, Commissioner Cecilia Malmström underlined the effectiveness of the instrument and suggested that the 2006 directive should be revised all the same, in order to strengthen the aspects relating to fundamental rights. Revision is, moreover, still planned for 2012 but the Commission has nonetheless repeated in recent months that this would not have an impact on the transposition obligations of member states, as Germany still have to comply with the 2006 text. It should also be noted on this subject that the Commission has decided to close the proceedings opened between Austria and also, partially, those against Sweden, which had also been taken to court. (SP/transl.jl)