a very good write up. afaik data stored under this framework decision can only be accessed for criminal investigations not the reasons cited on opsi website. wouldnt blame the UK entirely for this, it is infact the least draconian of all the backers of the framework directive and has worked hard to make it more nuanced. italy has already mandated a national 4yr retention period, ireland 3yrs and france has an extremely draconian relationship with its ISPs. the framework decision has undergone extensive reworkings (as is the legislative way). the legal issue is extremely complicated, but a lawyer can basically say anything you want them to say. clearly the member states dont want their proposal dragged infront of the ECJ but you will find they more often get their way than not.... the Commission proposal is, in some peoples view, infact slightly worse than what is proposed by the member states but of course it is entirely likely that the Commission directive would be shot down in parliament (and take 2yrs to even get there) - whereas the framework decision could be adopted into UK law post the October JHA meeting!