The disputed issues that will be discussed in the 'trilogue' meeting include:
Scope: The Parliament wants to make respect for privacy the key principle when deciding on access to retained data. It wants to retain only traffic data on fixed and mobile telephony – no location and related data and no data on unsuccessful calls, as foreseen by the Council. Some Parliament amendments even propose to exclude all data on internet usage.
Purpose of retention and access: The Council proposal foresees retention largely for the "detection, investigation, and prosecution of crime", while access is subject to "specified, explicit and legitimate purposes, to be defined under national law". A number of Parliament amendments - also those of the rapporteur - want a specific list of serious crimes in the investigation of which retained data can be used. The lists are mostly based on a similar list from Article 2 of the European arrest warrant.
Retention periods: The Council wants to store the data for 12 to 24 months. The Parliament wants it to be stored for only 3 to 6 months.
Costs: The Parliament wants telecommunication operators and internet service providers to be fully reimbursed for the costs resulting from data retention obligations and access to the stored data. The Council wants no reimbursement at all, which would mean users in the end having to carry the costs.