Local view for "http://purl.org/linkedpolitics/eu/plenary/2002-05-29-Speech-3-146"
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"en.20020529.10.3-146"2
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"Mr President, here we are again, voting for third time on the proposal for an amendment to the directive on the data protection in the telecommunications sector and discussing opting in and opting out. Unlike the rapporteur, I am still firmly in favour of the citizens having the right to choose initially whether or not their data should be inserted in public directories and whether or not they wish to receive unsolicited communications. I am pleased to note that this is the position of both the Commission and the Council, which have also proved willing to achieve compromise solutions that go some way towards meeting some of the more reasonable demands of telecommunications undertakings. That is why Mrs Palacio Vallelersundi and I have supported new compromise amendments. If these amendments are adopted, we will, at last, after tomorrow’s vote, have a new major directive which will help to develop the electronic market while safeguarding the citizens’ fundamental rights.
To this end, we also had to find a solution which was acceptable to the Council to the issue of retaining data for the purposes of protecting national security. In my country, Italy, these data are kept for five years. Article 14 of the present directive already stipulates that the Member States can adopt legislative measures seeking to limit the confidentiality rights in respect of communications necessary for the safeguarding of national security. The solution laid down in compromise Amendment No 46 adds that, in accordance with the decisions of the European Court of Human Rights, these measures must be appropriate and proportionate within a democratic society, that data retention is only admissible for a limited period, and that the legislation on the subject must comply with the principles contained in Article 6 of the Treaty on European Union and therefore, in particular, with those enshrined in the European Convention on Human Rights and in the shared constitutional traditions of the Member States which are now – these traditions – included in the European Union Charter of Fundamental Rights.
Like all solutions which have to strike a balance between different interests, this one has to be assessed in the overall context. I feel that the solution is sensible and sustainable, for the European Parliament certainly does not have the power to make the Council prevent the Member States keeping traffic data for reasons of national security. We cannot prevent this; what we can do is provide a framework of guarantees and certainties safeguarding fundamental rights so that future legislation has to respect them."@en1
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