<nettime> 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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