The Germans – often hailed as the most draconian when it comes to data protection – are facing the threat of being fined £250,000 day for failing to implement the EU Data Retention Directive.
The European Commission revealed on Thursday that it wants the European Court of Justice to impose a daily fine of just over €315,000 for failing to store telecommunications information, including data about email, phone calls and text messages, for law enforcement purposes.
The directive was originally adopted in Germany in 2008, but was annulled by the German Constitutional Court amid privacy concerns in 2010. Since then, the EC has pushed for it to be reinstated, while German data-protection commissioners refuse, describing it as an invasion of privacy.
The Commission also reiterated that the so-called “quick freeze” method of data preservation, which is currently being discussed in Germany, would not suffice.
German Justice Minister Sabine Leutheusser-Schnarrenberger proposed the idea in March: instead of storing all users’ data for six months, data could be stored only after a court order based on probable cause. Then, with further judicial oversight, that data could be “unfrozen” and be given to investigators and law enforcement.
On Thursday the Commission also formally closed proceedings against Austria, which has now fully implemented the directive, but is still seeking a lump sum payment from Sweden, which it believes unduly delayed introducing the required measures into national law.
