"This is not something industry wants", a representative from the Danish IT-industry Association stated at a meeting on data retention in Copenhagen on 21 September 2004. The meeting was arranged in response to the massive criticism raised by the industry, cooperative housing associations, civil liberty groups and others earlier this year. The meeting was convened by the Ministry of Justice to discuss next steps for the draft Administrative Order and code of guidelines.

At the meeting it was decided to establish an expert working group with industry representatives to assist in the drafting process. It was also mentioned that the retention order most likely will exempt chatrooms, which were included in the first draft. However, the concerns raised in relation to disproportionality, discrimination, financial burdens, and general frustration towards the role and function providers are asked to play, were not met. The officials stressed that the drafting group will keep an eye on the EU framework decision and the possible adoption of this.

The Danish administrative order is a follow up to the 'anti-terror package' which extended the scope of Section 786 of the Administration of Justice Act (Act No. 378 of 6. June 2002). The Administrative Order aims to regulate in detail the obligations of the telecommunication providers, housing associations etc., specify how they must assist the Danish police interfering with the secrecy of communication, what data should be retained, and how it should be done.

When circulated for comments in May 2004, the draft was heavily criticized for being disproportional and inconsistent, e.g. by letting private entities store huge amounts of personal information while at the same time being easy to evade, since e.g. smaller ISPs, libraries and universities are not included.

Danish Ministry of Justice
http://www.jm.dk/

Digital Rights Denmark
http://www.digitalrights.dk/

Danish Data Protection Agency
http://www.datatilsynet.dk/

(Contribution by Rikke Frank Joergensen, EDRI-member Digital Rights Denmark)