EU mandatory data rentention directive(s)

To keep track of the of the legislative process (or not) regarding the controversial EU mandatory data rentention directive(s), has prepared a heavilly “annotated guide to the issues and documentation.

Interestingly, as in most areas concerning privacy issues, the institutional conflicts between the intragovernmental and supranational institutions of the EU are being highlighted – as writes –

“The big issue, which has obscured the debate over the substantive issues, is the legal basis of the Council proposal. Both the Legal Services of the Council and the European Commission said that the proposal had to be split in two – the mandatory retention of data by service providers coming under the TEC (Treaty establishing the European Communities) where the European Parliament has powers of co-decision (ie: the Council and parliament have to agree on the final text) and access to the retained data by LEAs as a Framework Decision under the TEU (where the parliament is only consulted). … if the Council were to pursue a single measure it would almost certainly be challengeable in the Court of Justice. Indeed the Council itself notes if adopted as a single measure it could:
“be annulled: this could result in claims for compensation from any operator who had already been obliged to implement the measure” (EU doc no: 13036/05)