European Union plans to store telecommunications data to fight terrorism are a threat to civil liberties and fundamental rights, a European lawyers' group said on Thursday. Under the proposals, providers of telephone, Internet and other communication services would be obliged to retain information about their customers' use of the services for at least 12 months.
The proposals are part of the 25-nation bloc's response to terrorism and supporters of the plans argue that keeping the data is vital for law enforcers trying to track down terrorists.
But the Council of Bars and Law Societies in Europe (CCBE), which represents European lawyers, said the proposals would lead to serious breaches of the EU's own Charter of Fundamental Rights and the European Convention on Human Rights.
"The CCBE supports the fight against terrorism and crime. However, it is worried by the growing number of initiatives taken at European level which, under cover of the fight against terrorism, are serious infringements to fundamental freedoms and rights," the organisation said in a statement.
It said the EU was using the threat of terrorism as an excuse to introduce the new rules.
"In the draft (proposals), (data) retention is generally authorised for the prevention as well as the prosecution of criminal offences, 'including terrorism' without any further details," the CCBE said.
"This shows that terrorism is only a pretext."
The CCBE said the proposals did not respect people's right to privacy and confidentiality of communication as set out in both the charter and the convention. The plans also violated the right to protection of personal data.
The lobby group expressed concern that the proposals would undermine the confidential character of the lawyer-client relationship and professional secrecy in general. "Everyone has the right to consult a lawyer in order to ask advice which can be provided on the basis that the citizen is assured that what is said to the lawyer remains confidential," the CCBE said. "Denying this right would lead to serious infringement of the rights of defendants."
The new rules have to be adopted by unanimity and EU leaders want them approved by June 2005.
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