In 't Veld worried about new Italian telecommunications data retention period of 6 years

Met dank overgenomen van S.H. (Sophie) in 't Veld i, gepubliceerd op vrijdag 10 november 2017.

On 8 November the Italian Parliament has voted for the mandatory retention of telecommunications data for a period of 6 years. MEP Sophie in 't Veld: "The new Italian data retention law is deeply worrying. It is disproportionate, going further than any other data retention law. It is not necessary for security purposes. It is wholly contradictory to case law of the European Court of Justice. Using personal data for law enforcement is of course legitimate, as long as it is proportionate and necessary. But this law does not meet that standard."

Please see the Written Parliamentary Question below:

Question for written answer

to the Commission

Rule 130

Sophia in 't Veld (ALDE)

Subject: Italian law on 6 year mandatory retention period of telecommunications data

On 8 November 2017 the Italian Parliament has voted for the mandatory retention of telecommunications data for a period of 6 year.[1] This provision was voted in a very unusual and inappropriate procedure, as an amendment to a completely unrelated law on elevator safety. The Italian Data Protection Authority expressed his objection to this law, on grounds of incompatibility with EU law and case law.[2] The European Court of Justice has ruled in several cases against the massive and indiscriminate retention of personal data without due cause.

  • 1. 
    Is the Commission aware of this new provision, and does the Commission agree with the assessment of the Italian Data Protection Authority that it does not comply with EU rules on data protection and that the ECJ case law precludes such massive and indiscriminate processing of personal data?
  • 2. 
    Will the Commission launch an infringement procedure against Italy?
  • 3. 
    Can the Commission explain, as the custodian of the Treaties, what action it will take to ensure that the right to data protection of EU citizens is a meaningful right in practice, if governments violate EU data protection rules and ignore the opinions of the statutory data protection authorities?

[1]     Article 24 of the Italian law Disposizioni per l'adempimento degli obblighi derivanti dall'appartenenza dell'Italia all'Unione europea - Legge europea 2017 - http://www.senato.it/leg/17/BGT/Schede/Ddliter/48376.htm#

[2]     http://www.garanteprivacy.it/web/guest/home/docweb/-/docweb-display/docweb/6651715

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