Statewatch News Online, 2 November 2001

INTERCEPTION OF TELECOMMUNICATIONS IN THE EU – UPDATE

The European Voice newspaper reports that President Bush has written to Guy Verhofstadt, the Belgian Prime Minister who currently holds the Presidency of the EU, asking to the proposed EU directive on privacy and telecommunications being discussed in the European Parliament and the Council to be changed to allow for interception for criminal investigations. The US, says the letter, is against the provision in existing EU law that data can only be retained for the purposes of checking a customer's bill and for no other purpose.

A US official is quoted as saying that: "This is not an US-EU issue, it is more a question of law enforcement versus a strict interpretation of civil liberties".

The US is adding its voice to those of the EU law enforcement agencies and the UK government, which have been demanding the end to the protections given by the 1995 and 1997 EU Directives to citizens from general surveillance of telecommunications (e-mails, faxes, phone-calls and internet usage).

STATEWATCH ANALYSES OF POST-11 SEPTEMBER EU MEASURES AFFECTING CIVIL LIBERTIES AND
ACCOUNTABILITY

Statewatch has completed two analyses of the new measures being proposed in the EU following 11 September. One covers the new legislative measures, the other new "operational" measures.

LEGISLATIVE MEASURES MORE CONCERNED WITH LAW ENFORCEMENT THAN TERRORISM

Of the eleven measures being rushed through in the EU, six were proposed before 11 September 11 and another four were firmly on the EU’s agenda. The only genuinely new ‘anti-terrorist’ measure is the commitment to examine immigration and asylum legislation “with reference to the terrorist threat”, which suggests a general tightening of controls on all asylum-seekers, immigrants and third-country nationals entering the EU. The Statewatch report concludes:

“As it stands, the “anti-terrorism” programme amounts to little more than the fast-tracking of a raft of law enforcement legislation that was already on the EU’s agenda and goes well beyond the investigation and prosecution of terrorism.”

"ANTI-TERRORISM ROADMAP CREATES INFORMAL AND UNACCOUNTABLE "OPERATIONAL" GROUPS

Many of the "operational" initiatives concern the creation of ad hoc, informal, groups, targets and cooperation. There is little or no mention of accountability to the European parliament or national parliaments. No mention at all of data protection or to recourse to courts for individuals who might be affected. Moreover, there is a real danger that these "temporary" arrangements will become permanent leaving a whole layer of EU inter-agencies informal groups, information and intelligence exchanges and operational practices quite unaccountable.

EUROPEAN PARLIAMENT TAKES COUNCIL TO COURT FOR FAILURE TO CONSULT OVER NEW (NATO) CLASSIFICATION CODE - THE "SOLANA TWO DECISION"

The European Parliament is taking the Council of the European Union to the Court of Justice over its failure to consult the parliament over the adoption of a new classification code for access to documents in March 2001. The parliament argues that this was quite inappropriate as the institutions (the parliament, Council and the European Commission) were in the process of adopting a new Regulation on public access to documents.

The Secretary-General of the Council, Mr Solana, drew up the new classification code which was simply nodded through by the General Affairs Council - the European Parliament was not consulted. The Decision completely changed the Council's classification codes to meet NATO demands.

Extensive background and documentation, including the full-text of the EU/NATO security regulations

NEWS IN BRIEF

Germany: Report on new surveillance laws and statement by German human-rights organisations.

To have your address removed from this list please let us know by e-mailing us at