(also available in German,
French and Spanish)
FINAL VERSION [22.05.02] - ENGLISH VERSION
Mr. Pat Cox
President, European Parliament
European Parliament
Bâtiment Paul-Henri Spaak - 11B011
60, rue Wiertz
B-1047 Brussels
BELGIUM
European Parliament
Bâtiment Louise Weiss - T15003
Allée du Printemps - BP 10024/F
F-67070 Strasbourg Cedex
FRANCE
Dear Mr. Cox:
We write to you and all the Members of the European Parliament on behalf
of a wide range of civic organizations in the world concerning the upcoming
vote on the proposed European Union Directive on the protection of privacy
in the electronic communications sector ("the proposed Directive")
scheduled for 29 May. We urge you to vote against general and exploratory
data retention of individuals' electronic communications by law enforcement
authorities. We recommend that you vote in favour of the position on Article
15(1) of the European Parliament Committee on Citizens' Freedoms and Rights,
Justice and Home Affairs (the "LIBE Committee"). We strongly recommend
that you do not vote for any amendment on Article 15 that would leave
EU Member States governments free to decide on the fundamental issue of
data retention. With this collective statement, we want to underline the
critical importance that this vote will have for democratic societies.
We believe that data retention of communications by law enforcement
authorities should only be employed in exceptional cases. It should
be authorised only by the judicial or other competent authorities on
a case-by-case basis. When permitted, data retention must be a
necessary, appropriate, proportionate and temporary measure, in
accordance with the European Convention on Human Rights, the
European Union Charter of Fundamental Rights, and the case law of
the European Court of Human Rights.
We therefore strongly endorse the April 18, 2002 vote of the LIBE
Committee on the Draft Recommendation for second reading ("the
Committee's Draft Recommendation"). We particularly endorse
language that promotes and preserves the most fundamental values
democratic societies must defend: the right to privacy, freedom of
expression, and presumption of innocence. We recommend opposing the
language of the Council's common position of 28 January because it
allows Member States to authorise general and exploratory electronic
surveillance on a large scale. While the fight against terrorism is
a legitimate purpose, we do not believe it can justify actions that
undermine the most fundamental rights of democratic states.
Many European institutions involved in the legislative process share
our position and have emphasized the importance of the decision
before the European Parliament with respect to the protection of
individuals' privacy.
The European data protection authorities have opposed efforts to
create new data retention obligations. In a letter of 7 June 2001
to the President of the Council of the European Council, the
Chairman of the Article 29 Working Group wrote that "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."
Similarly, members of the European Parliament Committee on Citizens'
Freedoms and Rights, Justice and Home Affairs have stressed that
Member States should not have a general right to request whatever
traffic and location data they wish without stating a specific
reason why such information is needed. They have noted the risk
that law enforcement authorities might use such authority to conduct
broad and arbitrary 'fishing expeditions'.
Further, European privacy commissioners have recognised that one of
the best privacy safeguards is to minimize the collection of
personal data where possible. They have consistently affirmed that
confidentiality of communications is one of "the most important
elements of the protection of the fundamental right to privacy and
data protection as well as of secrecy of communications", and that
"any exception to this right and obligation should be limited to
what is strictly necessary in a democratic society and clearly
defined by law." A blanket retention of all communications data for
hypothetical and future criminal investigations would not respect
these basic conditions.
Wide data retention powers for law enforcement authorities,
especially if they were used on a routine basis and on a large part
of the population, could have disastrous consequences for the most
sensitive and confidential types of personal data. Vast databases
now include personal data about medical conditions, racial or ethnic
origins, religious or philosophical beliefs, political opinions,
trade-union membership, and sexuality. New retention requirements
as envisaged by the common position's broad language will create new
risks to personal privacy, political freedom, freedom of speech, and
public safety. Moreover, because of the cross-border nature of Internet
communications, your decision could have repercussions that will
reach far beyond the European Union.
Some of you may consider that the Council's position is not binding
on EU Member States and that it should be up to the Member States'
Parliaments to decide, in their own national laws, whether data
retention has or not to be allowed. However, a still unofficial
Framework Decision, secretly drafted by some EU Member States, would
compel all the States to introduce a law providing for the retention
of telecommunications traffic data. This development clearly shows
the Council and EU governments' total disregard for the European
Parliament's opinion. That is why we now encourage you to decide
whether the crucial issue of data retention should be a matter
exclusively left in the hands of EU governments and the Council, out
of reach of EU citizens' representatives.
We therefore respectfully urge you to vote for the LIBE Committee's
position on Article 15(1), and not concede any compromise language.
Whether the European Parliament will permit generalized surveillance
of EU citizens has become a crucial issue for the future of democratic
states. It is now up to you to safeguard fundamental freedoms.
Sincerely,
Marc Rotenberg (
This email address is being protected from spam bots, you need Javascript enabled to view it
)
Electronic Privacy Information Center (http://www.epic.org)
Andreas Stern (
This email address is being protected from spam bots, you need Javascript enabled to view it
)
a.c.t.i.o.n - kooperative kulturelle Vernetzung (http://www.action.at)
Barry Steinhardt (
This email address is being protected from spam bots, you need Javascript enabled to view it
)
American Civil Liberties Union (http://www.aclu.org)
Association "Souriez vous ętes filmés" (http://svef.free.fr)
(
This email address is being protected from spam bots, you need Javascript enabled to view it
)
Anriette Esterhuysen (
This email address is being protected from spam bots, you need Javascript enabled to view it
)
Association For Progressive Communications (APC) (http://www.apc.org)
Maurice Wessling (
This email address is being protected from spam bots, you need Javascript enabled to view it
)
Bits of Freedom (http://www.bof.nl)
Milena Georgieva (
This email address is being protected from spam bots, you need Javascript enabled to view it
)
BlueLink Information Network (http://www.bluelink.net)
Bugbrother (
This email address is being protected from spam bots, you need Javascript enabled to view it
)
(http://www.bugbrother.com)
James X. Dempsey (
This email address is being protected from spam bots, you need Javascript enabled to view it
)
Center for Democracy and Technology (http://www.cdt.org)
Andy Mueller-Maguhn (
This email address is being protected from spam bots, you need Javascript enabled to view it
)
Chaos Computer Club e.V. (http://www.ccc.de/)
Sean O Siochru (
This email address is being protected from spam bots, you need Javascript enabled to view it
)
Community Media Network (http://www.cmn.ie)
Robert Guerra (
This email address is being protected from spam bots, you need Javascript enabled to view it
)
Computer Professionals for Social Responsibility (http://www.cpsr.org)
Yaman Akdeniz (
This email address is being protected from spam bots, you need Javascript enabled to view it
)
Cyber-Rights & Cyber-Liberties (http://www.cyber-rights.org)
Thomas Mayer (
This email address is being protected from spam bots, you need Javascript enabled to view it
)
Der Große Bruder (http://www.dergrossebruder.net)
Thilo Weichert (
This email address is being protected from spam bots, you need Javascript enabled to view it
)
Deutsche Vereinigung für Datenschutz (http://www.aktiv.org/DVD)
Per Helge Sřrensen (
This email address is being protected from spam bots, you need Javascript enabled to view it
)
Digital Rights (http://www.digitalrights.dk)
Ville Oksanen (
This email address is being protected from spam bots, you need Javascript enabled to view it
)
Electronic Frontier Finland ry (www.effi.org)
Shari Steele (
This email address is being protected from spam bots, you need Javascript enabled to view it
)
Electronic Frontier Foundation (http://www.eff.org)
Caspar Bowden (
This email address is being protected from spam bots, you need Javascript enabled to view it
)
Foundation for Information Policy Research (http://www.fipr.org)
Richard Stallman (
This email address is being protected from spam bots, you need Javascript enabled to view it
)
Free Software Foundation (http://www.gnu.org/)
Karen Banks (
This email address is being protected from spam bots, you need Javascript enabled to view it
)
GreenNet (UK Member of Association for Progressive Communications)
Markus Beckedahl (
This email address is being protected from spam bots, you need Javascript enabled to view it
)
Grüne Jugend Deutschland
Chris Evans (
This email address is being protected from spam bots, you need Javascript enabled to view it
)
Internet Freedom (http://www.netfreedom.org)
Anne Deschuyteneer (
This email address is being protected from spam bots, you need Javascript enabled to view it
)
Internet Society European Co-ordination Council (http://www.isoc-ecc.org)
Meryem Marzouki (
This email address is being protected from spam bots, you need Javascript enabled to view it
)
IRIS - Imaginons un réseau Internet solidaire (http://www.iris.sgdg.org)
John Wadham (
This email address is being protected from spam bots, you need Javascript enabled to view it
)
LIBERTY (http://liberty-human-rights.org.uk)
James Landrith (
This email address is being protected from spam bots, you need Javascript enabled to view it
)
The Multiracial Activist (http://www.multiracial.com)
Alberto Escudero-Pascual (
This email address is being protected from spam bots, you need Javascript enabled to view it
,
This email address is being protected from spam bots, you need Javascript enabled to view it
)
Nodo50, Altavoz por la Libertad de Expresión y Comunicación (http://www.nodo50.org,
http://losvigilantes.nodo50.org)
Will Doherty (
This email address is being protected from spam bots, you need Javascript enabled to view it
)
Online Policy Group (http://www.onlinepolicy.org)
Simon Davies (
This email address is being protected from spam bots, you need Javascript enabled to view it
)
Privacy International (http://www.privacyinternationak.org)
Andriy Pazyuk (
This email address is being protected from spam bots, you need Javascript enabled to view it
)
Privacy Ukraine (http://www.ukrnet.com)
Dr. Roland Alton-Scheidl (
This email address is being protected from spam bots, you need Javascript enabled to view it
)
Public Voice Lab (http://www.pvl.at)
Erich Moechel (
This email address is being protected from spam bots, you need Javascript enabled to view it
)
quintessenz (http://www.quintessenz.at)
Jean-Pierre Masse (
This email address is being protected from spam bots, you need Javascript enabled to view it
)
Samizdat (http://www.samizdat.net)
Tony Bunyan (
This email address is being protected from spam bots, you need Javascript enabled to view it
)
Statewatch (http://www.statewatch.org)
Tini Jodda (
This email address is being protected from spam bots, you need Javascript enabled to view it
)
stop1984 (http://www.stop1984.com)
Felix Rauch (
This email address is being protected from spam bots, you need Javascript enabled to view it
)
Swiss Internet User Group (SIUG) (http://www.siug.ch/)
Mihaly Bako (
This email address is being protected from spam bots, you need Javascript enabled to view it
)
StrawberryNet Foundation (http://www.sbnet.ro)
Albert Koellner (
This email address is being protected from spam bots, you need Javascript enabled to view it
)
VIBE!AT - Austrian Association for Internet Users (http://www.vibe.at)
Sjoera Nas (
This email address is being protected from spam bots, you need Javascript enabled to view it
)
XS4ALL Internet BV (http://www.xs4all.nl)
CC:
Members of the European Parliament
Prime Minister José María Aznar López, President, European
Union Council of Ministers.
Mr. Romano Prodi, President of the European Commission.
Mr. Stefano Rodota, Chairman of the Article 29 Working Party.
Mr. Javier Solana, Secretary-General/High Representative,
Council of the European Union.
REFERENCES
GILC (Global Internet Liberty Campaign)'s letter to Prime Minister Guy
Verhofstadt, President, EU Council of Ministers (12 November 2001), at
http://www.gilc.org/verhofstadt_letter.html
[English version]; http://www.gilc.org/verhofstadt_french.html
[French version].
All the documents related to the legislative process regarding the proposed
Directive are available at http://europa.eu.int/prelex/detail_dossier_real.cfm?CL=en&DosId=158278.
Page on the theme of data retention: http://www.epic.org/privacy/intl/data_retention.html.
Most important official documents:
The original directive (currently in force):
Directive 97/66/EC of the European Parliament and of the Council of 15
December 1997 concerning the processing of personal data and the protection
of privacy in the telecommunications sector, O.J. L 024 , 30/01/1998 P.
0001 0008, at http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexapi!prod!CELEXnumdoc&lg=
EN&numdoc=31997L0066&model=guichett.
The proposed Directive:
- Proposal for a European Parliament and Council directive
concerning the processing of personal data and the protection of
privacy in the electronic communications sector (25 August 2000),
COM(2000) 385 final - C5-0439/2000 - 2000/0189(COD) - Official
Journal C 365 E , 19/12/2000, P. 0223 - 0229, at
http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexplus!prod!
CELEXnumdoc&lg=
fr&numdoc=52000PC0385 [French version];
http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexplus!prod!
CELEXnumdoc&lg=
en&numdoc=52000PC0385 [English version];
http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexplus!prod!
CELEXnumdoc&lg=
es&numdoc=52000PC0385 [Spanish version].
European Parliament Committee on Citizens' Freedoms and Rights,
Justice and Home Affairs:
- Draft Recommendation for second reading on the Council common position
for adopting a European Parliament and Council Directive concerning the
processing of personal data and the protection of privacy in the electronic
communications sector, PE 311.019/20-37 (10 April 2002), at http://www.europarl.eu.int/meetdocs/committees/libe/20020418/466059fr.pdf
[French version]; http://www.europarl.eu.int/meetdocs/committees/libe/20020418/466059en.pdf
[English version]; http://www.europarl.eu.int/meetdocs/committees/libe/20020418/466059es.pdf
[Spanish version].
- Draft Recommendation for second reading on the Council common position
for adopting a European Parliament and Council Directive concerning the
processing of personal data and the protection of privacy in the electronic
communications sector (12 March 2002), PE 311.019, at http://www.europarl.eu.int/meetdocs/committees/libe/20020418/462905fr.pdf
[French version]; http://www.europarl.eu.int/meetdocs/committees/libe/20020418/462905en.pdf
[English version]; http://www.europarl.eu.int/meetdocs/committees/libe/20020418/462905es.pdf
[Spanish version].
European Commission:
Communication from the Commission to the European Parliament pursuant
to the second subparagraph of Article 251 (2) of the EC Treaty concerning
the common position of the Council on the adoption of a Directive of the
European Parliament and of the Council on processing of personal data
and the protection of privacy in the electronic communications sector
(30 January 2002), SEC/2002/0124 final - COD 2000/0189 - Celex No. 52002SC0124,
at http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=
fr&numdoc=52002SC0124 [French version]; http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=
en&numdoc=52002SC0124 [English version]; http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=
es&numdoc=52002SC0124 [Spanish version].
Council of the European Union:
- Common Position (EC) No. 26/2002 adopted by the Council with a view
to the adoption of a Directive of the European Parliament and of the Council
concerning the processing of personal data and the protection of privacy
in the electronic communications sector (28 January 2002), 15396/2/01
REV 2 - C5-0035/2002 - 2000/0189(COD) - OJ C 113 E, 14/05/2002, p. 0039-0053,
at http://europa.eu.int/eur-lex/fr/dat/2002/ce113/ce11320020514fr00390053.pdf
[French version]; http://europa.eu.int/eur-lex/en/dat/2002/ce113/ce11320020514en00390053.pdf
[English version]; http://europa.eu.int/eur-lex/es/dat/2002/ce113/ce11320020514es00390053.pdf
[Spanish version].
- Note from the Presidency to the Committee of Permanent Representatives
("COREPER"), Proposal for a Directive of the European parliament
and of the Council concerning the processing of personal data and the
protection of privacy in the electronic communications sector European
parliament second reading (preparation for a possible informal trialogue)
(16 May 2002), 8657/02, ECO 146, CODEC 554, 2000/0189 (COD).
Working Party on the Protection of Individuals with regard to the processing
of personal data ("Working Party Article 29"):
- Opinion 7/2000 on the European Commission Proposal for a Directive
of the European Parliament and of the Council concerning the
processing of personal data and the protection of privacy in the
electronic communications sector of 12 July 2000 COM (2000) 385 (2
Nov. 2000), at
http://europa.eu.int/comm/internal_market/en/media/dataprot/wpdocs/wp36fr.pdf
[French version];
http://europa.eu.int/comm/internal_market/en/media/dataprot/wpdocs/wp36en.pdf
[English version];
http://europa.eu.int/comm/internal_market/en/media/dataprot/wpdocs/wp36es.pdf
[Spanish version]. Reprinted in M. Rotenberg, The Privacy Law Sourcebook,
United States Law, International Law, and Recent Developments 437 (EPIC,
2001).
- Recommendation 3/99 on the preservation of traffic data by Internet
Service Providers for law enforcement purposes (7 September1999), at http://europa.eu.int/comm/internal_market/en/media/dataprot/wpdocs/
wp25fr.pdf [French version]; http://europa.eu.int/comm/internal_market/en/media/dataprot/wpdocs/
wp25en.pdf [English version]; http://europa.eu.int/comm/internal_market/en/media/dataprot/wpdocs/
wp25es.pdf [Spanish version].
- Letter to Mr. Göran Persson, Acting President of the Council of the
European Union (June 7, 2001), at http://www.statewatch.org/news/2001/jun/07Rodota.pdf.
EU Forum on Cyber-Crime, Discussion Paper for Expert's Meeting on Retention
of Traffic Data (November 6, 2001), at http://europa.eu.int/information_society/topics/telecoms/internet/
crime/wpapnov/index_en.htm.
Add as favourites (52) | 
Quote this article on your site | Views: 4118
Only registered users can write comments.
Please login or register.
Powered by AkoComment Tweaked Special Edition v.1.4.6
AkoComment © Copyright 2004 by Arthur Konze - www.mamboportal.com
All right reserved
Be first to comment this article
