MPs voice concerns over EU access to communications data

European Union plans to require law enforcement authorities to exchange information and intelligence have reignited fears over access to ISP's customer communications data.

Commons watchdog the European Scrutiny Committee has warned that the proposals conflict with UK government undertakings to exclude data obtained under the controversial Regulation of Investigatory Powers Act from the proposals.

MPs on the committee voiced their concern over a list of the types of information proposed for inclusion in a Draft Framework Decision for the European Council prepared by the Swedish government, who hold Europe's rotating presidency. They have refused to approve progress on the proposals until they have been given detailed information from the Home Office.

Their concerns centre round the extent to which information obtained by 'coercive measures' about persons, who may be innocent parties in an investigation, will be sent to law enforcement authorities in other member states.

The proposals follow the declaration on terrorism by the European Council in March 2004 with Sweden suggesting there needs to be 'a common and simplified framework' for the exchange of information and intelligence between states' law enforcement authorities during the investigation of crime in the course of intelligence operations.

MPs complained of ambiguities in the drafting of a proposed 'decision' in what they referred to as a 'sensitive area'.

The Presidency's list refers to a wide range of registers including criminal records, criminal intelligence, fingerprints, photographs, DNA samples, passports, drivers, firearms, identity cards, vehicles, aircraft and vessels.

And it includes 'information derived from the searching of premises, the interception of communications and covert intelligence, crime scene investigations and the monitoring of telecommunications, including communications data generated by IT systems and handled by telecoms operators and internet service providers'.

In their conclusions, the MPs said of the items on the list: 'A number of them also appear to involve the interception of telecommunications, whereas we understood from the Minister's letter... that the UK intended to suggest that this should remain outside the scope of this Framework Decision.'

The committee's power is limited to that of delay pending a government response and to calling for a full debate in the Commons or in another committee.

The Home Office originally intended to compel all ISPs to retain traffic information for a year before passing it on to be held in a government database fir another six years.

A public outcry forced then Home Secretary Jack Straw to back down over the proposals that are now in the Regulation of Investigatory Powers Act (RIPA) and have left the supply of information to a 'voluntary' code with which they hope the larger ISPs will comply.

The problem is that the purposes for which information can be required go way beyond serious crime and national security to include areas such as public health.

RIPA stipulates that interception facilities will be installed at ISPs, although no ISPs have actually installed the equipment and only the larger ones may end up doing so, protesting that the end result will be traffic moving to ISPs offshore beyond the law enforcement agency's reach.