Key elements: "Privacy in balance?"

One of the challenges facing the world is to address cybercrime with due respect for the human rights and fundamental freedoms - among which the respect for personal privacy and the protection of personal data - which are at the basis of our societies. This implies not only the need for balance, but also a balance which is in conformity with the existing legal framework concerning 'privacy and data protection' (ECHR, CoE Convention 108, Directives 95/46/EC and 97/66/EC, EU Charter).

Interception of telecommunications over the Internet or otherwise, is only acceptable within the limits and under the conditions laid down by Article 8 of the European Convention on Human Rights. The same applies - by analogy - to the development of infrastructures which are designed to facilitate interception activities where these are lawful in specific cases.

The routine retention of traffic data beyond the requirements of billing purposes in order to permit possible access to law enforcement bodies is an improper invasion of the right to privacy guaranteed to individuals by Article 8 ECHR. Where traffic data are to be preserved in specific cases, there must be a demonstrable need, the period of retention must be as short as possible and the practice must be clearly regulated by law.

More attention should be given to the problems which arise in the cooperation with countries outside the EU, which do not provide an adequate level of protection, both for the right to privacy and for the protection of personal data. Additional safeguards should be laid down in appropriate legal instruments to overcome these problems.