I don't think most "democratic" governments in their current form are a very accurate representation of what people want. The way it works now is that people get to vote once every 4 years on some campaign promises that likely won't be implemented. And then the voted in government/parliament can basically do whatever it wants.

Also, you're wrong. The human rights in Europe are not "up for debate". It's the law, and the highest Court in Europe has ruled that such data retention is illegal. You don't get to say "yeah, but I don't think those are really human rights".

I'm not assuming anything. As a European citizen my rights are enshrined in the ECHR.

In April the European Court of Justice ruled the previous 2006 Data Retention Directive invalid, stating that it severely interfered with two of these rights (the right to respect for private life and to the protection of personal data)