2008/324/EC: Commission Decision of 25 March 2008 setting up the Platform on Electronic Data Retention for the Investigation, Detection and Prosecution of Serious Crime group of experts
Date: 2008-03-25
Institutions: European Commission
Subjects: data protection, information storage, offence, personal data, telecommunications, transmission network

23.4.2008

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Official Journal of the European Union

L 111/11

(Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory)

II

DECISIONS

COMMISSION

COMMISSION DECISION

of 25 March 2008
setting up the ‘Platform on Electronic Data Retention for the Investigation, Detection and
Prosecution of Serious Crime’ group of experts

(2008/324/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(3)

Having regard to the Treaty
Community,

establishing the European

Whereas:

Directive 2006/24/EC of the European Parliament and
the Council of 15 March 2006 on the retention of
data generated or processed in connection with the
provision of publicly available electronic communications
services or of public communications networks (1) (the
Data Retention Directive) aims to harmonise Member
States’
of
concerning
providers of publicly available electronic communications
services or of public communications networks with
respect
to the retention of certain data which are
generated or processed by them in order to ensure that
such data are available for the purpose of the investi-
gation, detection and prosecution of serious crime.

obligations

provisions

the

(4)

(1)

(2)

The preamble to the Data Retention Directive notes that
technologies relating to electronic communications are
legitimate requirements of
changing rapidly and that
competent authorities may evolve.
In order to obtain
advice and encourage the sharing of best practice in all
matters relating to the retention of personal data, the
Commission intends to establish a group composed of
Member States’ law enforcement authorities, associations
represen-
of
tatives of the European Parliament and data protection
authorities
including the European Data Protection
Supervisor.

the electronic communications industry,

(1) OJ L 105, 13.4.2006, p. 54.

Article 14 of the Data Retention Directive states that no
later than 15 September 2010, the Commission shall
to the European Parliament and Council an
submit
evaluation of the application of the Directive and its
impact on economic operators and consumers, taking
into account further developments in electronic commu-
technology and statistics provided to the
nications
evaluation
Commission on retention of data. The
is necessary to
should help determine whether
it
amend the Data Retention Directive,
in particular with
regard to the list of data in Article 5 and the periods of
retention provided for in Article 6 of the Directive.

that

This

stated

On 10 February 2006 the Council and the Commission
issued a Joint Statement in relation to evaluation of the
Data Retention Directive.
the
Commission will
invite relevant stakeholders to regular
review meetings to exchange information about techno-
logical developments, costs and effectiveness of appli-
cation of the Directive. The Joint Statement says that
during this process Member States will be invited to
inform partners of
their experiences in implementing
the Directive and to share best practice. The Joint
these
Statement
discussions ‘the Commission will consider presenting
any necessary proposals,
including with regard to any
difficulties which may have emerged for Member States
in relation to the technical and practical implementation
of the Directive, in particular its application to Internet
e-mail and Internet telephony data’.

that on the basis of

further

says

(5)

For the reasons indicated above it is necessary to set up a
group of experts in the field of data retention drawn
from the stakeholders referred to in Recital 14 of the
Data Retention Directive.

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Official Journal of the European Union

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(6)

(7)

(8)

(9)

(10)

(11)

The group of experts will work as a consultative group.
The group of experts will facilitate the sharing of best
practice and contribute to the Commission’s assessment
of the costs and effectiveness of the Directive as well as
technologies which may
the development of relevant
impact on the Directive.

The members of the group of experts will be drawn from
the stakeholder groups referred to in Recital 14 of
Directive 2006/24/EC.

The group should be composed of a maximum of 25
the
members representing an appropriate balance of
aforementioned stakeholder groups.

The group of experts should be able to establish sub-
groups in order to facilitate and accelerate its work by
focusing on a specific issue. The terms of reference of
such sub-groups should be agreed upon by the group of
experts as a whole and should be clearly defined.

Rules on disclosure of information by members of the
group of experts
should be provided for, without
prejudice to the Commission’s rules on security as set
Commission Decision
to
out
2001/844/EC, ECSC, Euratom (1).

the Annex

in

Personal data relating to members of the group should
be processed in accordance with Regulation (EC) No
45/2001 of
the
the European Parliament
Council of 18 December 2000 on the protection of
individuals with regard to the processing of personal
data by the Community institutions and bodies and on
the free movement of such data (2).

and of

(12)

The term of office of the Members should be five years
and may be renewable.

(13)

It is appropriate to fix a period for the application of this
Decision. The Commission will in due time consider the
advisability of an extension,

HAS DECIDED AS FOLLOWS:

Article 1

The ‘Platform on Electronic Data Retention for
the
Investigation, Detection and Prosecution of Serious
Crime’ group of experts
The ‘Platform on Electronic Data Retention for the Investigation,
Detection and Prosecution of Serious Crime’, a group of experts
in matters relating to retention of personal data for law enfor-
cement purposes in the electronic communications sector, here-
inafter referred to as ‘the group of experts’, is hereby set up.

(1) OJ L 317, 3.12.2001, p. 1. Decision as last amended by Decision

2006/548/EC, Euratom (OJ L 215, 5.8.2006, p. 38).

(2) OJ L 8, 12.1.2001, p. 1.

Article 2

Consultation and Tasks

1.
The Commission may consult the group on any matter
relating to the electronic retention of data relevant to the inves-
tigation, detection and prosecution of
serious crime. Any
member of the group of experts may advise the Commission
that it is desirable to consult the group on a specific question.
The Commission will call regular meetings of the group of
experts and will establish in advance a detailed agenda based
on matters within the scope of this Article.

2.

The tasks of the group of experts shall be:

(a)

to provide a forum for dialogue and the sharing of
experience and best practice among experts drawn from
the entities outlined in Article 3 hereof and in particular
between competent authorities of the Member States and
representatives of the electronic communications sector on
questions related to the retention of personal data by
providers of publicly available electronic communications
services or public communications networks in order to
ensure that
the data are available for the investigation,
detection or prosecution of serious crime;

(b) to encourage and facilitate a common orientation on the

application of the Directive;

(c)

to exchange information about relevant technological deve-
lopments, costs and effectiveness of application of
the
Directive;

(d) to assist the Commission in identifying and defining diffi-
culties which have emerged for
the Member States in
implementation of
relation to the technical and practical
the Directive in particular its application to Internet e-mail
and Internet telephony data;

(e)

to assist the Commission in its evaluation of the application
of the Data Retention Directive and its impact on economic
operators and consumers.

Article 3
Composition — Appointment

The group of experts shall be composed of a maximum of

1.
25 members taken from:

(a) Member States’
members);

law enforcement authorities (up to 10

(b) Members of the European Parliament (up to 2 members);

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(c) Associations of the electronic communications industry (up

to 8 members);

established by the group. Such groups shall be dissolved as soon
as their mandates are fulfilled.

(d) Representatives of the Data Protection Authorities (up to 4

members);

(e) The European Data Protection Supervisor (1 member).

The Commission’s

representative may ask experts or
3.
observers with specific competence on a subject on the
agenda to participate in the group’s or sub-group’s deliberations
if this is useful and/or necessary.

The members

referred to in points

2.
(a) and (b) of
paragraph 1 shall be designated and appointed by the Direc-
torate-General for Justice, Freedom and Security on the proposal
of
requested Member States and the European Parliament
respectively. These members will be appointed in a personal
capacity and may nominate an expert to represent them at
meetings of the group of experts. The members referred to in
points (c), (d) and (e) of paragraph 1 shall be appointed by the
Directorate-General for Justice, Freedom and Security on the
basis of an invitation from the same to become a member of
the group of experts. The relevant associations or bodies as
(d) and (e) of paragraph 1 will be
referred to in points (c),
entitled to nominate experts to represent them at meetings of
the group of experts.

4.
Information obtained by participating in the deliberations
of a group or sub-group shall not be divulged if, in the opinion
of
information relates to confidential
matters.

the Commission,

that

5.
The group and its sub-groups shall normally meet on
Commission premises in accordance with the procedures and
schedule established by it. The Commission shall provide secre-
tarial services. Other Commission officials with an interest in
the proceedings may attend meetings of the group and its sub-
groups.

6.
The group shall adopt its rules of procedure on the basis
of the standard rules of procedure adopted by the Commission.

3. Members of the group of experts appointed in a personal
capacity shall remain in office until they are replaced or their
term of office ends. The term of office shall be five years and
may be renewable.

7.
The Commission may publish, in the original language of
the document concerned, any summary, conclusion, or partial
conclusion or working document of the group.

4. Members of the group of experts appointed in a personal
capacity who are no longer capable of contributing effectively
to the group of experts’ deliberations, who resign or who do
not comply with the conditions set out in Article 287 of the
Treaty may be replaced for the remainder of their term of office.

5. Members of the group of experts appointed in a personal
capacity shall each year sign an undertaking to act in the public
interest and a declaration indicating the absence or existence of
any interest which may undermine their objectivity.

6.
The names of members appointed in a personal capacity
shall be published on the Internet site of the Commission’s
Directorate-General for Justice Freedom and Security, in the C
Series of the Official Journal of the European Union and in the
Commission’s Register of Expert Groups. The names of
members
collected, processed and published in
accordance with Regulation (EC) No 45/2001.

shall be

Article 4

Operation

1.

The group of experts shall be chaired by the Commission.

Article 5

Additional experts

1.
The Commission may invite experts or observers from
outside the group with specific competence in a subject on
the agenda to take part in the work of the group.

2.
The Commission may invite official representatives of
Member States, candidate countries or third countries and of
international, inter-governmental and non-governmental organi-
sations to participate in its meetings.

Article 6

Meeting expenses

1.
The Commission shall reimburse travel and, where appro-
priate, subsistence expenses for members, experts and observers
in connection with the group’s activities in accordance with the
Commission’s rules on the compensation of external experts.

The members, experts and observers shall not be remu-

2.
nerated for the services they render.

2.
In agreement with the Commission, sub-groups may be
set up to examine specific questions under terms of reference

3. Meeting expenses are reimbursed within the limits of the
annual budget allocated to the group by the responsible
Commission services.

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Article 7

Applicability

The decision shall take effect on the day of its publication in the Official Journal of the European Union. It shall
apply until 31 December 2012. The Commission may decide on a possible extension before that date.

Done at Brussels, 25 March 2008.

For the Commission

Franco FRATTINI
Vice-President