EU: European telecoms firms will have to retain the phone and internet records of their customers for up to two years under new rules formally approved by EU justice ministers, writes Jamie Smyth in Brussels
The directive to harmonise data retention law in the EU was adopted yesterday at a Council of Ministers meeting despite strong opposition from Ireland and Slovakia.
Both states oppose the legal basis of the controversial directive, and Ireland has taken the unusual step of threatening to challenge the law at the European Court of Justice.
Under the new directive, firms will have to retain data on phone calls and internet use for a period of between six months and two years.
Each firm must keep a record of who contacted whom and the time and location of calls to help police authorities fight organised crime and terrorism. The actual content of calls, e-mails, text messages or internet connections need not be logged.
Minister of State at the Department of Justice Frank Fahey told EU justice ministers in Brussels yesterday that Ireland believed that provision for data retention should be made by member states rather then the EU institutions.
"Ireland is of the clear view that Article 95 of the treaty establishing the European Community does not provide an appropriate legal base for the proposed instrument," said Mr Fahey, who was standing in for Minister for Justice Michael McDowell.
The Attorney General is considering legal options for an appeal to the court of justice.
Under existing Irish legislation telecoms firms must retain data for up to three years, which is one of the toughest regimes in Europe.
However, if Ireland does not succeed in an appeal to the court it would have to amend its legislation and reduce the retention period to two years.
Member states now have 18 months to implement the directive by adapting their own national legislation.
The formal approval of the data retention directive follows a year of wrangling between states, some of which favoured a less stringent regime, such as Germany's, and other states, such as Britain, that wanted a tougher regime.
Meanwhile, justice ministers also agreed to delete a proposal to agree common EU rules in media defamation cases that cross EU borders from new draft legislation.
At present no common rules apply when more than one country is involved, meaning plaintiffs often seek to apply the national legislation they believe will offer them the greatest chance of success.
The proposal is part of a new regulation that aims to resolve cross-border cases of civil liability by determining which national law to apply. Damage caused by defective products, road accidents and unfair competition are also part of the proposed regulation.
However, justice ministers have been unable to agree on common rules to apply in defamation cases, holding back implementation of the regulation in other areas.