Statewatch reports that legal opinion says that under the ECHR mandatory data retention is disproportionate, contrary to the rule of law and cannot be said to be necessary in a democratic society
Privacy International (cannot find a link to this on their site) have obtained a Legal Opinion from the international law firm Covington and Burling which presents a devastating critique of plans by EU governments and the Council of the European Union to introduce the mandatory retention of communications data. The Opinion examines in particular the draft EU Framework Decision on communications data retention and access to it leaked by Statewatch in August 2002.
The Opinion concludes that:
The data retention regime envisaged by the (EU) Framework Decision, and now appearing in various forms at the Member State level, is unlawful.
…
The indiscriminate collection of traffic data offends a core principle of the rule of law: that citizens should have notice of the circumstances in which the State may conduct surveillance, so that they can regulate their behaviour to avoid unwanted intrusions. Moreover, the data retention requirement would be so extensive as to be out of all proportion to the law enforcement objectives served. Under the case law of the European Court of Human Rights, such a disproportionate interference in the private lives of individuals cannot be said to be necessary in a democratic society.
