Protokoll des Expertentreffens zu Implementierungsfragen der Vorratsdatenspeicherung vom 2. April 2008

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Englische Version

The third meeting of the informal data retention experts group took place on 2
April 2008 under the joint chairmanship of the Commission's Directorates General
Justice, Freedom and Security and Information Society and Media. Representatives
of all the stakeholders referred to in Recital 14 of Directive 2006/24/EC were invited
to participate at the experts meeting, namely associations of the electronic
communications industry, Member State law enforcement authorities,
representatives of the European Parliament and data protection authorities,
including the European Data Protection Supervisor. The Agenda is at Annex I; the
list of invitees is at Annex II.

OPENING REMARKS

Mme. Cecilia Verkleij Head of Sector – DG Justice Freedom and Security
reminded that the main focus of this meeting will be discussion of a number of
Industry Association papers addressing a series of scoping and other issues under
the Data Retention Directive. In addition to the data security and centralised data
storage papers, the Agenda lists all the Industry papers which are currently
envisaged by Industry Associations. These papers will be further progressed
between now and the next expert group meeting (likely to take place in June 08)
when they should be in final or near final form. At an appropriate time we may
publish the papers as the output of the experts group. This will help promote a
common EU orientation to some of the complex scoping and other issues raised by
the Directive.

On 25 March 08 the Commission adopted its decision on the setting up of the
formal data retention experts group. The next meeting should therefore be the first
meeting of the formal data retention experts group. In terms of the work of the
group, we do not envisage any significant change – the group will continue to
encourage and facilitate a common orientation on the application of the Directive.
Over time its focus is likely to move from industry issues to law enforcement issue
and address questions about whether the Directive is achieving its objectives,
particularly in the light of developing technologies. The formal Data Retention
experts group will adopt the expert group papers so that these can be published in
the name of the experts group. Over time the formal experts group will contribute
information and experience necessary for the Commission's assessment of the
effectiveness of the Directive and whether to present new proposals on data
retention, including addressing difficulties in the technical and practical
implementation of the Directive.

Presentation of preliminary ruling of German Constitutional Court on data retention instrument – Kirsten Schwerin, Justice Ministry, Germany