A defining point in the EU Data Retention saga (what an alluring set of words) will come next Tuesday/Wednesday, when the EU Parliament will vote on the latest version of the planned European law to force data retention on every member state.
The last we heard of this matter, the parliament had produced a minimalist version of the Commission’s Directive. It was to endorse a maximum of 1 year’s storage of voice and mobile location data, and 6 months of IP (internet) data. You can read all about that version here.
But, last Friday, a new text emerged from the Council. It appears that a deal was done with the heads of the European People’s Party and the European Socialist Party in the Parliament, reversing the progress made up until then. Between them, these two blocs have sufficient votes to ensure a majority in the Parliament vote on Tuesday 13th December.
However, this deal is not yet tied up. If sufficient members of the EPP or the ESP were to vote against the proposal, opposition to its proposals might succed in blocking it.
Helpfully, we in Ireland are in a unique position to lobby our MEPs- because the Government has already stated it is so opposed to this vote that they will bring a case to the ECJ to block it if the European Parliament approves it. Thus even MEPs from the Government Parties have no reason to support the proposed text in Tuesday’s vote.
Just so you know, locally the members of the European People’s Party are Fine Gael and the UUP MEPs. The European Socialist Party is represented here by Proinsias de Rossa, Labour MEP.
Their votes are doubly useful, as any of them who vote against the proposal erode slightly the majority the party leaders are relying on to push this through Parliament.
“How to get hold of these elusive MEPs?”, you ask me. “By what means may I fax, phone or write to them before the Morning of Monday 12th December, if I am to have any effect on the way the states of Europe define the civil rights of their citizens?”
The ISPAI, the group for Irish ISPs, has helpfully collected a lobbying sheet- http://www.ispai.ie/Irish-MEPs.doc with all their details spread out before you. Though they have Simon Coveney’s Brussels number wrong- I think you have to change the last three digits to 417.
As to what you should say, it is best if that comes directly from what you consider important. However, to give you a few starting pieces of inspiration, you might want to take a look at our little cheat sheet.
1. Vote on Tuesday morning, discussion Mon. evening – so emails, faxes, calls must be sent by Monday am at the latest to have any effect.
2. This draft is far more draconian than the one agreed by the Parliament – (see here for how) –meaning the Council is effectively rejecting democratic input.
3. No evidence of urgency presented, merely asserted by the governments pushing for this law. It doesn’t harmonise – it leaves open huge variations between Member States,destroying its stated rationale.
4. It imposes huge cost burdens on ISPs – which will come back to users (esp. in Ireland with our longer retention period).
5. It is anti-democratic – many national parliaments have already rejected this type of system, and now it’s being brought in through the back door.
6. It avoids constitutional scrutiny – if adopted, it will be immune from challenge under the Irish constitution.
7. For FF MEPs – you can stress that it would be absurd to vote for a measure which McDowell has vowed to oppose / challenge in the ECJ.
Full details here:
Digital Rights Ireland
or
Euro Data Retention Wiki
In the news
Reuters
EU Observer Reports on the recent deal done between the Council of Ministers and the Big Party Chiefs in the EP
Other links
The ISPAI has a statement against data retention on their front page