Two questions on the status of the data retention directive

Two MEPs, Alexander Alvaro (ex-rapporter of the directive) and Marco Cappato from the ALDE Group are asking some questions about the status of the implementation of the data retention directive: WRITTEN QUESTION E-0125/08 by Alexander Alvaro (ALDE) and Marco Cappato (ALDE) to the Commission Subject: Transposition of Directive 2006/24/EC on data retention Directive 2006/24/EC[1] of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC stated that Member States had to transpose it no later than 15 September 2007. Member States also had a possibility to postpone the application of the Directive to the retention of communications data relating to Internet access, Internet telephony and Internet e-mail until 15 March 2009, by notifying the Council and the Commission by way of a declaration. The Commission has already sent letters of formal notice in November to some Member States which did not transpose the directive in time. Can the Commission illustrate which Member States transposed the directive, which did not, which were sent a letter of formal notice, which replied, with which justifications for the delay, and when will it send out reasoned opinions and to which Member States? Could the Commission illustrate which Member States have used the exception related to the Internet [1] OJ L 105, 13.4.2006, p. 54. What is this "exception related to the Internet?" Another question about the creation by the European Commission of a Platform for Electronic Data Retention: WRITTEN QUESTION E-0124/08 by Alexander Alvaro (ALDE) and Marco Cappato (ALDE) to the Commission Subject: Platform for Electronic Data Retention The Commission has listed in its 2008 Forwarding Programme a ‘Draft Commission Decision to establish a Platform for Electronic Data Retention in order to ensure that the data are available for the purpose of the investigation, detection and prosecution of serious crime’ to be adopted in January 2008. Could the Commission illustrate such a proposal, explain who will be invited to take part in this Platform, what will be its aims, tasks and powers, and if its work will be transparent? Will the Commission adopt the proposal in January and when will the Platform then be established? If this platform is like the ICT Task Force efforts created by the Commission, you can expect closed rooms meetings in Brussels.

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