§ The Earl of Northeskasked Her Majesty's Government:
What position they took at the recent Telecommunications Council in Brussels, with particular reference to the storage of electronic communications; and whether the conclusions of the Council, which are to be referred to the European Parliament, are consistent with that position. [HL122]
§ The parliamentary Under-Secretary of State, Department of Trade and Industry (Lord Sainsbury of Turville)At the Telecommunications Council on 27 June, member states and the Commission agreed to clarify that the proposed Directive would not alter the existing balance between individual rights to privacy and the possibility for member states to take measures necessary for law enforcement. Member states would therefore be able, but would not be required, to introduce data retention requirements provided these were proportionate and in accordance with the general principles of Community law. The position will therefore be essentially the same as it is under the existing Telecommunications Data Protection Directive.
The UK Government welcome this outcome, although there are no plans to introduce legislation mandating the retention of communications data here. Such a move could only be considered in the context of detailed consultation with all relevant law enforcement, industry and civil liberties interests.