– 176 –
Anlage 4 (zu Nrn. 11.3.3 und 32.5)
24. Internationale Datenschutzkonferenz vom 9. bis 11. September 2002:
Statement of the European Data Protection Commissioners at the International Conference
on mandatory systematic retention of telecommunication traffic data
The European Data Protection Commissioners have noted
with concern that in the third pillar of the EU, proposals are
considered which would result in the mandatory systematic
retention of traffic data concerning all kinds of telecommunication (i.e. details about time, place and numbers used for
phone, fax, e-mail and other use of the internet) for a period
of one year or more, in order to permit possible access by
law enforcement and security bodies.
The European Data Protection Commissioners have grave
doubt as to the legitimacy and legality of such broad measures. They also want to draw attention to the excessive
costs that would be involved for the telecommunication and
internet industry, as well as to the absence of such measures
in the United States.
The European Data Protection Commissioners have repeatedly emphasized that such retention would be an improper
invasion of the fundamental rights guaranteed to individuals
by Article 8 of the European Convention on Human Rights,
as further elaborated by the European Court of Human
Rights (see Opinion 4/2001 of the Article 29 Working Party
established by Directive 95/46/EC, and Declaration of
Stockholm, April 2000).
BfD 19. Tätigkeitsbericht 2001–2002
The protection of telecommunication traffic data is now also
provided by Directive 2002/58/EC of the European Parliament and the Council concerning privacy and electronic
communications (Official Journal L 201/37), under which
processing of traffic data is in principle allowed for billing
and interconnection payments. After lengthy and explicit
debate, retention of traffic data for purposes of law enforcement should meet strict conditions under Article 15 (1) of
the Directive: i.e. in each case only for a limited period and
where necessary, appropriate and proportionate in a democratic society.
Where traffic data are to be retained in specific cases, there
must therefore be a demonstrable need, the period of retention must be as short as possible and the practice must be
clearly regulated by law, in a way that provides sufficient
safeguards against unlawful access and any other abuse.
Systematic retention of all kinds of traffic data for a period
of one year or more would be clearly disproportionate and
therefore unacceptable in any case.
The European Data Protection Commissioners expect that
the Article 29 Working Party will be consulted on measures
that may emerge from the third pillar discussions before
they are adopted.