In een reactie op het vandaag te verschijnen evaluatierapport van de Europese Commissie publiceerde EDRi gisteravond een schaduwrapport. In dat rapport legt zij de nadruk op de gevolgen van de bewaarplicht op het punt van de fundamentele rechten en vrijheden van Europese burgers.
In the past five years, the Data Retention Directive has proven to be an unnecessary and unprecedented violation of the fundamental rights of all 500 million Europeans.
From its evaluation report, it becomes clear that the statistics provided by the Member States do not prove the necessity of data retention. Remarkably, many Member States were unable to provide any relevant statistics to the Commission at all. Those that did indicated that the vast majority of data used by law enforcement authorities would be available if the Directive did not exist at all. Sound analysis of independent statistics must point to the fact that indiscriminate data retention is superfluous to the detection, investigation and prosecution of serious crime.
Many Member States fail to fully respect even the insufficient data security obligations that are imposed by the Directive. Once the statutory retention period is over, some Member States do not even have a process for deleting the data and of verifying this deletion. This has contributed to the recurring unlawful uses and disclosures of telecommunications data, as set out in this report, even though the Commission seems to deny that data retention has led to concrete cases of abuse of personal data.
European citizens, and Europe’s hard won credibility for defending fundamental rights, have paid dearly for this Directive, both in terms of a reduction in the right to privacy and also in the chaos and lawless treatment of personal data. What have we gained? The vast reservoirs of citizens’ communications data and the security risk that are inherent in any such databases are a cost for which there is no benefit, no justification and, ultimately, no credible legal basis.
European Digital Rights urges the European Commission to reject dogmatism, reject pressure from certain Member States and to respect the Charter on Fundamental Rights by proposing amendments to the Directive that reject the principle of blanket and indiscriminate telecommunications data retention.