EU clarifies no intention of court action against German draft data retention law

The European Commission has no intention to take court action against the German draft data retention law, said a statement of the European Commission on Wednesday.

"We have seen press reports suggesting that the European Commission is 'threatening to take Germany to court' over concerns regarding its national data retention law," said the Commission in the statement.

The European Commission stated that as the European Court of Justice annulled the European Union (EU) Data Retention Directive, the decision of whether or not to introduce national data retention laws is a national decision; therefore, "the European Commission has no intention go back on this statement or reopen old discussions".

The Commission also clearly noted that it would not come forward with any new initiatives on data retention.

Therefore, "in the absence of EU rules, member states are free to maintain their current data retention systems or set up new ones, providing of course they comply with basic principles under EU law," said the statement.

The Commission stressed that it neither opposed, nor advocated the introduction of national data retention laws.

"This is why suggestions that the Commission is considering court action against the German draft data retention law are misleading. The College of Commissioners is not contemplating such action," explained the statement.

It added that the opinion in question was delivered in the framework of the Technical Standards Directive 98/34/EC, which foresees that a draft national regulation in the area of goods and information society services should be notified to the Commission, which was considered as a preventive, technical mechanism to provide the Commission and other member states with the opportunity to react if need be.

"The matter is currently being discussed by the German authorities and the Commission services, in a constructive manner," said the statement. Endit