Data retention: “Van Quickenborne undermining our privacy”

The Economy, Consumer Protection and Digital Agenda Committee discussed the controversial data retention legislation once again. This would oblige operators to keep their customers’ data as a preventive measure. The new version of the law is once again raising a number of issues. “It is even stricter, more far-reaching and even more compelling. Anyone who thought that the right to privacy would remain uncompromisingly upheld in a government with liberals was wrong,” MPs Sophie De Wit and Michael Freilich respond.

Big Brother on steroids

In a roundabout way, the bill reintroduces the undifferentiated and general retention of telephone data. That is not permitted, and has already been annulled twice by the court in the past. The government also wants to be able to access all data about your digital communication, including your browsing history, the emails you send, the messages you send and instant messaging conversations you have had, even using private networks that are separate from the internet. “That is Big Brother on steroids. The De Croo government is completely undermining our privacy,” Michael Freilich responds with concern.

Moreover, not only do the police forces and the judiciary have access to this data stored on a massive scale, but so do various administrations, including the tax authorities.

The balance between security and privacy is off

“Of course, we also think that the judiciary should be able to use data to apprehend serious criminals or to search for a missing child. That is why a reparation law with the necessary safeguards was urgently needed,” says Sophie De Wit,“ but this draft goes much further. Why does this government want to give access to all these other public services, often without even a link to the protection of our security, and moreover, why does it not impose the same strict conditions on them as it does on the judiciary? Nevertheless, we must continue to closely monitor the balance between security and privacy. That balance is way off here.”

Questions about affordability

The Data Protection Authority and privacy experts confirmed those concerns. In addition, the sectors involved are also questioning the implementation of the law and the cost price. It is not clear whether this legislation is enforceable in practice. Then there is the question of affordability and who will have to pay for the extra costs.

Impossible to approve

“As the law now stands, we cannot possibly approve it”, Michael Freilich concludes. “Repeated annulment by the Constitutional Court and the European Court of Justice is more than likely in this case.”