Brussels, 25/07/2002 (Agence Europe) - The Danish Presidency is proposing that the Council approve conclusions on the use of information technology concerning the investigation and prosecution of organised crime, which could be a first step towards legislation on data retention. Denmark is proposing that its draft conclusions contain the phrase: "within the very near future, binding rules should be established on the approximation of Member States' rules on the obligation of telecommunications services providers to keep information concerning telecommunications in order to ensure that such information is available when it is of significance for a criminal investigation". Denmark wants such proposals to be put forward "as soon as possible" to law enforcement agencies "are able to react immediately and effectively" to the rise of cybercrime and wants Member States to ensure that "decision on the interception of telecommunications and on access to information concerning telecommunications are taken with the greatest possible speed", particularly from one country to another given the mobile nature of crime and networks. The conclusions call on Member States to seek solutions to the increased use of encryption.
The draft conclusions note that such binding rules "must be established taking account of the requirements regarding privacy an the processing of personal data" but does not refer to the directive on the processing of personal data and the protection of privacy in electronic communications approved by the Council on 25 June, just after Denmark sent the draft conclusions to the other Member States. Data retention was discussed at length during the adoption of the directive in codecision with the European Parliament (see Europe of 31 May, p.17). The directive enshrines the principle that the confidentiality of electronic communications can be lifted where necessary to protect national security and to prevent, research, detect and pursue crime or the unauthorised use of electronic communications systems, to which ends Member States can keep data for a limited period.