-Caveat Lector-

http://www.euobserver.com/index.phtml?selected_topic=9&action=view&article_id=6226

13.05.2002

Crucial vote on data surveillance postponed

Statewatch warns the EU states plan to bypass the current legislative
process and introduce binding measures on the retention of data for state
agencies use ahead of the adoption of the revision of the 1997 directive.
(Photo: Notat)

A controversial report on the retention of data and access by law
enforcement agencies was removed from the European Parliament�s plenary
session agenda. The Europarliamentarians were set to vote on Wednesday on
the Cappato report on the revision of the 1997 EU Directive on privacy in
the telecommunications sector, but the report was at the last minute removed
from the agenda.

The rapporteur Marco Cappato fights the approach supported by the EU member
states, which privilege the retention of telecommunications traffic data and
the granting of it by law enforcement agencies. Civil liberties groups
believe the decision on the issue will be a defining moment for the future
of democracy in Europe. Statewatch, monitoring the state and civil liberties
in the European Union also warns the EU states seek to bypass the adoption
of this directive to impose retention of data and access by state agencies.

Parliament fights the change
The 1997 Directive on privacy in the telecommunications says data can only
be retained for a short period for �billing� purposes and then it must be
erased. In the drive to enhance security, strengthened by the terrorist
attacks of September 11, the EU states now want this data to be retained and
be made available to law enforcement agencies (police, customs, immigration
and internal security agencies).

However, the European Parliament opposes the move to retain data and gives
state agencies permanent access to it. The EP wants to maintain the current
situation whereby such telecommunications traffic data can only by accessed
for the purposes of national security and criminal investigations where it
is authorised in a case-by-case basis by judicial authorities. The European
Parliament was expected to endorse in plenary this week the report adopted
by the Committee on Citizens� Rights on 18 April.

Watchdogs warn against undermining freedom
Civil Liberties group Statewatch warns the vote on the Cappato report will
be deciding for the quality of the EU governance: �The vote in the European
Parliament and the final decision on this issue will be a defining moment
for the future of democracy in the EU. If all telecommunications �phone
calls, e-mails, faxes and internet usage- are placed under surveillance not
only will data protection be fatally undermined but so too will be the very
freedoms that distinguish democracies from authoritarian regimes,�
Statewatch editor Tony Bunyan said.

Statewatch warns the EU states plan to bypass the current legislative
process and introduce binding measures on the retention of data for state
agencies use ahead of the adoption of the revision of the 1997 directive.
'Statewatch has learnt that a number of EU governments are drafting a
binding framework decision to ensure that all EU member states introduce a
law requiring the retention of telecommunication traffic data and the
granting of access to it by law enforcement agencies,' shows a press
release by Statewatch.

Written by Daniela Spinant
Edited by Lisbeth Kirk

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