Is Europe shifting its privacy stance?

• Author: Swartz, Nikki
• Position: UP FRONT: News, Trends & Analysis

In 2009, the European Union's (EU) Data Retention Directive will go into effect. But a few EU nations are already announcing their interpretations of the mandate, which requires phone and Internet companies to retain the names and addresses of subscribers for a period of between six to 24 months, to be determined by individual nations.

This law was encouraged by law enforcement officials who, after terrorist attacks in Britain and Spain, argued for better and longer data storage from European communications companies to aid in investigating possible terrorists.

A few early interpretations by Germany and the Netherlands have led some to ask whether there will soon be a policy shift in Europe, which has long been a staunch defender of individuals' privacy rights.

Some European governments are preparing laws that will require companies to keep information about individuals' Internet and phone use that goes beyond what the countries will be required to do under the EU directive, according to a New York Times report.

For example, a proposal from the German Ministry of Justice would prohibit using fake information to create a web-based e-mail account, meaning it would be illegal to open an account with a fictitious name. E-mail aliases would not be banned, the Times said, but they would be traceable to the actual account holder.

Critics say such a law would be unenforceable unless it required an identity verification process, such as registering for an e-mail address with a national ID card. (Many e-mail providers currently require only a name and password to open an account, and European citizens could open an account with U.S. e-mall providers, which are not bound by the directive.) Moreover, the law could make paying cash for a pre-paid ceil phone account a thing of the past...