EU Data Retention Directive: For a limited time period, but with option to be extended?

As the preventive retention of telecommunication data is illegal throughout the EU, the retention of data from individual countries or regions might be an option. This is discussed by the EU member states, documents from the Council and the German Federal Government reveal. A “renewable arrest warrant” could be created for this purpose.

The EU member states are currently discussing a possible new version of the Data Retention Directive. The Bulgarian Presidency of the Council has proposed the adoption of “renewable retention warrants” in the responsible Council Working Party on Information Exchange and Data Protection. The Estonian Presidency had already touched on this issue in the second half of 2017, albeit offering scant detail at the time. According to the German Federal Ministry of Justice, these “still very preliminary considerations” are also being examined by the German Government. EU Data Retention Directive: For a limited time period, but with option to be extended? weiterlesen

Implementing the „solidarity clause“: EU secret service to be reinforced?

The „solidarity clause“, known more formally as Article 222 of the Lisbon Treaty, regulates the use of police, secret service and military means in case of a crisis within the EU. The EU Commission and the EU High Representative for Foreign and Security Policy issued a proposal in December for the legal implementation of the clause. [1]

When the clause is implemented, Member States and EU institutions will be bound to assist one another in the case of a disaster („any situation, which has or may have an adverse impact on people, the environment or property,“ according to the Commission’s proposal) or terrorist attack, as defined in the 2002 Council Framework Decision on combating terrorism. The clause determines that engagement in the territory of another state shall only be allowed at the „request of its political authorities“. Implementing the „solidarity clause“: EU secret service to be reinforced? weiterlesen