Opinion of EDPS on data retention proposal

The European Data Protection Supervisor has given yet another interesting and detailed opinion on a legislative proposal. This time, his opinion of September 26th 2005 concerns on the Proposal for a Directive of the European Parliament and of the Council on the retention of data processed in connection with the provision of public electronic communication services and amending Directive 2002/58/EC, published as COM (2005) 438.

Basically, he does not like it much. In fact he considers it to be illegal as it stands. He is not at all convinced of the need for such legislation. But he sets out a number of conditions to be fulfilled if the directive is to be acceptable.

The Opinion illustrates once more how the European Data Protection Supervisor has extended his own jurisdiction to give opinions on proposals for Community legislation. Article 28 (2) of Regulation 45/2001 gives the Data Protection Supervisor the right to be consulted on draft EC legislation. One would have thought that given the legal basis of Regulation 45/2001 which sets him up and which concerns data processing by the Community institutions, he could only give opinions on draft legislation that concerns data processing by those institutions. Not so ! He himself interprets his advisory role to the institutions very broadly, going beyond issues of data processing by the institutions : Policy Paper March 18th 2005, p. 6.