Brussels, 30/05/2002 (Agence Europe) - On Thursday, the European Parliament finally took a stance in second reading on the proposal of directive relating to the processing of personal data and to the protection of privacy in the electronic communications sector. The vote opens the way for definitive adoption of the text at the Transport and Telecommunications Council of 17 and 18 June, in so far as the amendments adopted are the result of a compromise of the EPP and PES Groups with the Council (see EUROPE of 27 and 28 May, p.9). Maintaining the amendments adopted by the EP at first reading and by the parliamentary committee on freedoms on 22 April would have inescapably led to conciliation procedure. Although the European Commission, speaking through the voice of Information Society Commissioner Erkki Liikanen, had not been slow to congratulate himself after the vote, it was quite a different matter for the Radicals, Liberals, Greens and Communists who rose up against the possibility that the text adopted by the Assembly should allow Member States to store data. After the vote, rapporteur Marco Cappato (Lista Bonino, Italy) asked in vexation that his name be taken off the report, no longer wishing to be associated with it.
At first reading, the Parliament had adopted an amendment providing for the personal data of clients not to be stored by the electronic supplier longer than necessary for invoicing needs - a line confirmed by the parliamentary committee on freedoms on 22 April. The compromise adopted on Thursday stipulates that the Member States cannot lift the protection of data confidentiality except to allow criminal investigations to be carried out or to preserve public or national security, "during a limited period" and when this is a measure that is "necessary, appropriate and proportionate within a democratic society". The Member States may therefore adopt legislative measures for data retention purposes, in respect of Community legislation and Article 6 of the EC Treaty. A "whereas" specifies that the legal interception of electronic communication must respect the European Convention on safeguarding human rights and fundamental freedoms as interpreted by the European Court of Human Rights in its rulings. Marco Cappato believes this provision is detrimental to the fundamental right to protection of private life by creating a European legal base for laws that impose upon service providers compulsory and generalised storage of data concerning communications (telephone calls, SMS, fax, data of location, e-mails, and internet browsing). This is a concern shared by most members of the Liberal, Greens/EFA and European United Left/Nordic Greens Left Groups.
On the question of "spamming", the compromise comes into line with the Council's position whereby users must give their prior consent ("opt-in") to the sending of non-solicited advertising messages. Regarding the use of "cookies", it also takes on board the Council's position, namely that users should receive clear and complete information beforehand concerning the use to be made of such data, which they would then be allowed to refuse. Whether it is a question of spamming or of cookies, this EP alignment on the Council's position was less strongly challenged (Greens for example calling for "opt-in") by MEPs concerned about provisions relating to data holding.
The turnaround of the EPP and PES Groups on this issue does not fail to appear like a gift made to the Spanish Presidency, which could boast that it had settled the issue. German Christian Democrat Christian von Boetticher, although from the EPP-ED, had thus declared before the vote that, although it seemed legitimate to want to avoid conciliation procedure, one should not seek to avoid conciliation at all cost.