Guardian: Privacy fear over (new) plan to store email (fwd)

[Roland Perry]

In message
<55ED5FD3B4D2D41193E60002A5090BCD01B3E09C@clerkenwell.pres.co>, Owen
Blacker <owen.blacker@wheel.co.uk> writes

>No, this new directive

It's not a Directive, it's allegedly [1] a draft Framework Decision
(quite a different kind of animal). And not to be confused with a recent
draft Council Conclusion, which is again different.

>is about traffic data (who you emailed, which
>websites you visited but not the pages on them,

That exemption was a result of intensive UK Lobbying over RIPA. I doubt
it would be easy to incorporate a similar exemption in any
European-derived definition of discloseable traffic data. In this matter
I differ from Statewatch's view of Recital 14.

> who phoned you and, most
>chillingly, where your mobile phone has been).

Although indisputably on Law Enforcement's wishlist, there's little in
the documents which suggest that mobile phone location data is included;
indeed one might ask why this has been left out. Is it just sloppy
drafting - footnote 1 of Article 1 could so easily have included it by
making reference to CDPD Article 2, 2(c) as well as 2(b).

[1] My sources in Brussels discount its provenance. Let's see if it
actually appears during this Danish Presidency or not. Note that
whatever it is, it's quite old (refers to draft CDPD, not the final one
passed in May).
-- 
             Roland Perry | tel: +44 20 7645 3505 | roland@linx.org
Director of Public Policy | fax: +44 20 7645 3529 | http://www.linx.net
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