Combating crime: prevention of crime, criminal offences and terrorism, retention of data processed on public communications networks. Framework Decision. Initiative France, Ireland, Sweden and United Kingdom

In line with the position adopted by the Committee responsible, the Parliament rejected the draft framework decision presented on the initiative of the French, Irish, Swedish and UK governments regarding the retention of data processed and stored by providers of publicly available electronic communications or networks. 

On the basis of a report drafted by Alexander Nuno ALVARO (ADLE, DE), the European Parliament, in its plenary session, rejected the proposal because of various uncertainties that persisted concerning the choice of legal base and the proportionality of the measures. In particular, the report called on the Member States to commission a study to examine whether there was a need for provisions on data retention and if the objectives of the framework decision could not be achieved by the implementation of the Council of Europe Convention on Cybercrime. During the debate, the Commissioner responsible for JHA, Mr. FRATTINI, announced that the Commission intended to put forward a new text with a different legal base before the summer break.  In spite of Minister SCHMIT’s declaration that the Council would maintain its text, the report was returned to the Civil Liberties Committee.