Recent European Union Developments on Data Protection... in the Name of Islam or 'Combating Terrorism'

摘要

This article looks at two recent European Union (EU) developments in the field of data protection: the issue of Directive 2006/24/EC 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 (OJ 105/54); and the debates going on surrounding the proposal for a Council Framework Decision on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters. The article reflects on why (and how) these two developments came about, and their potential effect on the future development of data protection and beyond. The rest of the articles published in this special issue of the journal reflect on the different aspects of Islamic legal traditions and the concepts of privacy and data protection. This article argues that, unthought-of perhaps, the counter process is taking place too: data protection principles at an EU level are being watered down in the name of a crusade against Islamic fundamentalism. It also argues that in spite of this apparent watering down of principles that is happening, some positive aspects are also emerging; the much awaited introduction of the application of data protection rules in the field of police, security and justice is finally happening—not as one would hope for perhaps, but making its way nonetheless.