AOH :: PT-1116.HTM

Dutch Internet providers say "no" to data retention proposals

Dutch Internet providers say "no" to data retention proposals
Dutch Internet providers say "no" to data retention proposals




-------- Original Message --------
Subject: press release ISPO
Date: Thu, 08 Sep 2005 17:38:01 +0200
From: Roosmarijn Ophof  


Dutch ISPs say no to data retention proposals

Today an informal JHA meeting on data retention will start in Newcastle, UK.

The Dutch ISP Association urges the Dutch and European Parliament to
wait for the directive proposal of the European Commission on data
retention. This proposal is expected to be announced officially on 21
September 2005.

Although the ISP' s do have many objections against the principle of
data retention , the first pillar procedure with respect to the adoption
of European guidelines, which includes control by the European
Parliament, is of course preferred instead of the undemocratic third
pillar decision procedure of the JHA council. The Dutch ISP=92s are
therefore very much in favour of this first pillar procedure.

In a letter to the European Commission and the European Parliament the
ISPs stress several objections to the current proposals on data
retention. First, there is no conclusive European Research on the
usefulness or necessity of data retention. The Dutch Study of the
Erasmus University on this subject has only proven that the current
retention periods handled by ISPs for company purposes, are at least
sufficient for requests of law enforcement agencies.

Another point of concern is the reimbursement of cost for the providers.
Although the Commission's proposal is mentioning reimbursement, the
Dutch ISPs know from experience that the reimbursement fees as issued by
the Dutch government will be extremely minimal. The providers themselves
have for instance paid the cost for implementation of legal interception
software and equipment. So far, the Dutch government has not been
willing to allow for reimbursement of these cost, not even partial,
despite promises in the past.

Finally, the definitions on data that should be retained are open to
interpretation and seem overly flexible.

The letter to the European Commission and the annex on the Erasmus study
can be found on
www.ispo.nl: 

letter:
http://www.ispo.nl/home/downloads/Bewaren_verkeersgegevens/Brief-EC-aug_2005.pdf 



commentary on Erasmus Study:
http://www.ispo.nl/home/downloads/Bewaren_verkeersgegevens/Reactie_ISPO_op_Erasmus_rapport_(EN).pdf 

For more information, please contact:
Roosmarijn Ophof, +31 20 530 4209 or send an email to
roosmarijn.ophof@nl.demon.net 

-- 
Roosmarijn Ophof
Bedrijfsjurist Demon
Tel: +31 (0) 20 530 4209 | E-mail: roosmarijn.ophof@nl.demon.net 
Fax: +31 (0) 20 530 4278 | Internet: http://www.demon.nl 

Demon is een merknaam van THUS plc

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