[Nettime-bold] Data retention, public order & controlled deliveries

["Ben Hayes" <ben@statewatch.pipal.net>]

Statewatch PRESS RELEASE: 26 May: IMMEDIATE

EU GOVERNMENTS TO DECIDE ON THE RETENTION OF 
TELECOMMUNICATIONS DATA

At the Telecommunications Council on Wednesday 27 June the 
Ministers will be discussing the Council "common position" on the 
draft Directive on data protection and privacy in 
telecommunications.

At number of EU member states, led by the UK, want to change 
the draft - which was simply meant to amend current EU law to 
allow for modern means of communications - to allow the retention 
of traffic data for the law enforcement agencies to have access to.

Under current EU law data can only be retained for billing purposes 
(ie: for the customer to check their bills) and for no other purpose - 
it has to be erased or made anonymous as soon as this need is 
fulfilled.

The move to give the law enforcement agencies far-reaching powers 
of surveillance are being opposed by the European Commission 
and the EU's Data Protection Working Party.

The EU Data Protection Working Party has sent a letter to the 
President of the European Parliament, the President of the 
European Commission and the President of the Council of the 
European Union which concludes:

"It is not acceptable that the scope of initial data processing is 
widened in order to increase the amount of data available for law 
enforcement objectives. Any such changes in these essential 
provisions that are directly related to fundamental human rights, 
would turn the exception into a new rule. Systematic and preventive 
storage of EU citizens' communications and related traffic data 
would undermine the fundamental rights to privacy, data protection, 
freedom of expression, liberty and presumption of innocence. Could 
the Information Society still claim to be a democratic society under 
such circumstances?"

The full text of the story and full text background documents are on:
<http://www.statewatch.org/news>

For further information please ring
00 44 208 802 1882

Also on Statewatch News Online: 

PUBLIC ORDER POLICING IN EUROPE - POLICY BACKLASH 
EXPECTED
After the confrontation between police and protesters in 
Gothenburg last weekend, some European governments have 
called for new public-order legislation, both at national and EU 
level. Most states already have extensive statutory powers to deal 
with 'live' public order situations (crowd control, special powers of 
arrest and detention etc.) but are now looking to step-up 
international cooperation and introduce measures aimed at 
preventing protesters from different EU states coming together. 
This feature looks at EU discussions on restricting the movement 
of EU citizens on public order grounds and allowing the expulsion 
of EU citizens from a member state; existing arrangements for 
police cooperation and the exchange of intelligence data; and three 
scheduled international law enforcement conferences to deal with 
the protests.

QUESTIONS ASK WHETHER THE DEATH OF 58 CHINESE 
IMMIGRANTS WAS A "CONTROLLED DELIVERY"?
The death of 58 Chinese migrants in a container lorry has resulted 
in prosecutions for manslaughter and people trafficking in the UK 
and Netherlands. The British trial has now ended, and questions 
concerning a possible involvement of police forces from both 
countries have arisen in the Dutch trial. Inconsistencies in police 
statements over surveillance of the suspects prior to the fatal 
journey, and links to earlier cases of known trafficking have led to 
parliamentary questions in the Netherlands about whether the 
container could have been part of an international "controlled 
delivery" operation. (Feature from Statewatch bulletin, vol 11
no 2 (March-April 2001))
______________________________________________________
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