Friday

29th Mar 2024

Big parties compromise on data surveillance law

The two largest political groups in the European Parliament have reached a compromise on the directive on protection of personal data in electronic communications which weakens the protection of fundamental rights which the Parliament's previous position has been providing for. The compromise reached by the European Socialists and the EPP-ED seeks to accommodate the position expressed by the member states, so a conciliation (direct negotiations between the Parliament and the member states to get an acceptable compromise) is avoided. Civil rights groups and the international federation of journalists condemn the move to enable EU states to place communications under surveillance.

Liberals worried over human rights implications

However, the controversial amendments allowing EU states to retain personal data may be voted down in the plenary, where a qualified majority of 314 votes is necessary. The European Liberals contest the result which "could have worrying human rights implications," the Liberals spokeswoman in justice and home affairs Baroness Sarah Ludford said.

Socialists reach compromise with the Conservatives

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The Socialists and the Conservative agreed to allow EU states to retain personal data for a limited period of time, and enable state agencies to use it "to safeguard national security, defence, public security, or the prosecution of public offences." The measures should be "entirely exceptional and based on a specific law which is comprehensible to the general public, and shall be authorised by the judicial or other competent authorities on a case-by-case basis," reads the compromise amendment. Also the new version agreed by the two largest parties states that any form of wide-scale general or exploratory surveillance is prohibited, under the European Convention of Human Rights and the Charter of Fundamental Rights of the European Union.

Weakens provisions on data retention

However, the previous article on data retention the European Parliament had voted, excluded the large scale retention of data and the use by state agencies. "The compromise reached by the two groups weakens the provisions on data retention. By opening up the possibility of retention, even it is for a limited period of times, it leaves room for interpretation. What's a limited period of time?" an official from the Parliament commented for EUobserver. The official also said that under current national legislation, the Italian government would have the possibility of retaining personal data for five years.

Regulations on telecomm and internet providers

"It is dangerous and premature to endorse a blanket EU regime of data retention as part of this directive. We accept that there is a need to equip law enforcement authorities with the tools to gain evidence to incriminate major law-breakers and terrorists, but it is inappropriate to grant sweeping data retention powers as part of a directive that is essentially concerned with regulating the duties of telecomm companies and internet service providers," the Liberals spokeswoman said.

European population under surveillance

Civil liberties group Statewatch criticises the compromise as being a "cynical exploitation of public sentiment to introduce draconian powers to potentially place the whole population of Europe under surveillance." Statewatch editor Tony Bunyan warns that "the right to privacy and freedom once lost will be gone forever." Forty civil society groups have written to MEPs asking them to vote against data retention on Thursday. Moreover, over ten thousands people have singed up online to oppose data retention, Statewatch says.

The International Federation of Journalists also condemns the attempt to "open the door to the snooping society in which people's private communications will become subject to official monitoring," a press release reads.

Spamming and cookies

On the issue of 'spamming' the compromise accepts the Council's position that users should give prior permission before being sent unsolicited commercial e-mail (the 'opt-in' system). As regards the use of 'cookies', the compromise accepts the Council's position that users should receive clear and comprehensive information on the purposes of cookies in advance, enabling users to refuse them. The European Parliament vote on the report today.

More electronic surveillance in EU

The Danish Presidency has drafted a document, which urges the 15 member states to take steps to boost the use of information technology for the investigation and prosecution of organised crime. In particular, the document tells states that "within the very near future, binding rules should be established ... on the obligation of telecommunications services providers to keep information concerning telecommunications in order to ensure that such information is available when it is of significance for a criminal investigation."

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The European Commission has legally paved the way for Poland to access up to €137bn EU funds, following Donald Tusk's government's efforts to strengthen the independence of their judiciary and restore the rule of law in the country.

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