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    ISSN 1756-851X
 02 December 2008
 

Statewatch: News front page

News online - current lead stories

For full contents see: Statewatch News online with analysis, documentation, news in brief and News Archives 2000-ongoing or What's New: Lists all News Online and News in Brief items. The latest 25 news items are listed below

EU: SPECIAL STATEWATCH REPORT: The Shape of Things to Come - the EU Future Group (Version.1.3) by Tony Bunyan: 20,911 copies downloaded. The report calls for a “meaningful and wide-ranging debate” before it is “too late” for privacy and civil liberties.


EU: BODY SCANNERS: Commission launches short consultation: deadline 19 December: The impact of the use of body scanners in the field of aviation security on human rights, privacy, personal dignity, health and data protection (press release, link) and Questionnaire (link)

European Data Protection Supervisor (EDPS): Press release: EDPS sees adoption of Data Protection Framework for police and judicial cooperation only as a first step (pdf): "the EDPS repeatedly called for significant improvements of the proposal to ensure high standards in the level of protection offered and warned against a dilution of data protection standards." Tony Bunyan, Statewatch editor, comments: "The process of adopting this Framework Decision was a democratic fiasco with law enforcement officials deciding on issues of privacy and peoples' rights and coming down on the side of the state every time. While the views of the European Parliament, the EDPS, national Data Protection Commissioners and civil society were virtually ignored the demands of the USA to retain unregulated bilateral access to personal data exchanges was endorsed." See Statewatch Observatory on: Data protection in the EU

UK: 10,000 TASERS for UK police (Home Office, pdf)

EUROPEAN COURT OF JUSTICE: Judgment: Press Release: The Court explains the scope of the speciality rule which states that a person surrendered under a European Arrest Warrant for the purpose of prosecution for a criminal offence may be prosecuted only for that offence (pdf)

HUNGARY: The Hungarian Constitutional Court declares several rules of the act regulating the criminal registry (hereinafter: CRA) unconstitutional - the Court nullified rules on the scope of the registry, on data transfer from the registry and on rules of dactyloscopic and photo registry

SPAIN: ACCESS TO INFORMATION: Report claims right of access to information is not fully recognised

Racism in policing: the experience of Moroccan car enthusiasts' club members on their trip to Spain

EU: COUNTER-TERRORISM: Implementation of the Strategy and Action Plan to Combat Terrorism (June-November 2008) (pdf), Implementation of the Strategy and Action Plan to Combat Terrorism (pdf) and EU Counter-Terrorism Strategy - Discussion paper (pdf). The Counter-Terrorism Coordinator is keen on the idea of a "European Security Label" and says: "Such an EU Security Label would stimulate innovative technologies that provide the best value for money in the long term, while ensuring interoperability. By introducing a compulsory 'privacy & freedom-compliance requirement', the Label would at the same time express respect for European civil liberties." The idea of a "European Security Label" was raised in the Future Group report, see: Statewatch's: The Shape of Things to Come (pdf) and the European Security Research and Innovation Forum (ESRIF) report in September, see: European Security Research and Innovation Forum intermediate report (pdf). Tony Bunyan, Statewatch editor, comments: "The background documents to the Future Group and the ESRIF report show that PET (privacy enhancing technology) with a European Security Label would allay fears that law enforcement and internal security agencies could gain access to communications and personal data. But equally they show that the agencies are opposed to PET because this could be exploited by criminals and others. The likelihood is that such an official "Label" would give the impression that privacy would be respected while built-in trap-doors would give the agencies access whenever they want"

EU: Justice and Home Affairs Council, 27-28 November 2008 - Background documentation: Press release, 27 November - including story below (French, pdf): "B" Points Agenda (pdf) and "A" Points Agenda (adopted without discussion, pdf). Background note (pdf); Council information note (French, pdf); Notes from French presidency website (link); Broadcast material from EU media library (pdf)

JUSTICE AND HOME AFFAIRS COUNCIL, Brussels, 27 November: Restriction on the freedom of movement within the EU for people who have been convicted of serious crime in the past or for "repeated offences" (which may be "low level") "Ministers are discussing the adoption of Council Conclusions: Free movement of persons: abuses and substantive problems – Draft Council conclusions on abuses and misuses of the right to free movement of persons (16151/1/08, 26 November 2008, pdf). These say that: "Only those exercising their rights in the spirit of the Treaty should benefit from freedom of movement." While referring to third country nationals the proposals would apply to EU citizens as well and allow Member States to deny entry to those who: "break the law in a sufficiently serious manner by committing serious and repeated offences" The scope of "repeated offences" is undefined and could apply, for example, to protestors who take part in cross-border demonstrations. These Conclusions are based on a proposal put forward by the UK: Statewatch Analysis: The UK proposals on EU free movement law: an attack on the rule of law and EU fundamental freedoms by Professor Steve Peers - University of Essex (pdf): The UK proposal includes considering: "the cumulative damage caused by continuous low-level offending can amount to a sufficiently serious threat to public policy" United Kingdom delegation: Free movement of persons: abuses and substantive problems - Draft Council Conclusions (EU doc no: 15903/08. 18 November 2008, pdf)

GREECE: PROASYL REPORT: “The situation in Greece is out of control”: Research into the situation of asylum seekers in Greece (pdf)

ITALY: Draft Report on the LIBE delegation to Italy on September 18th/19th (nomads camps emergency) (pdf) and Annex I and Annex II to the Draft Report of the LIBE delegation to Italy on September 18th and 19th (pdf)

DENMARK: PET in security quandary (link) "The Danish Security and Intelligence Service (PET) was outmanoevred today after the Supreme Court determined it had been wrong to detain one of two men the Service alleged had planned to kill one of Denmark's Mohammed cartoonists. The man was one of two men detained in the case, and while the Supreme Court said there had been grounds to detain one of the men, evidence had not been sufficiently forthcoming to support the detention of the other man. Both men were made subjects of an administrative order to leave the country. While one of the men left Denmark voluntarily, the other remains in the country as there are fears for his safety if he returns to his own country."

European Ombudsman: Ombudsman investigates Commission's Early Warning System (Press release plus letter, pdf). The European Ombudsman, P. Nikiforos Diamandouros, has opened an investigation into the European Commission's "Early Warning System" (EWS). This computerised information system lists companies, NGOs, associations or other parties which, according to the Commission, are deemed to pose a threat to the financial interests of the European Union. All EU institutions and bodies may block or suspend contracts or payments to entities listed under certain EWS warning levels.

COUNCIL OF EUROPE: Speaking of Terror: A survey of the effects of counter-terrorism legislation on freedom of the media in Europe (pdf) A new report by Privacy International for the CoE Media and Information Society Division examines how the “war on terror” has affected access to information, the growth of incitement, glorification and “extremism” restrictions on speech, blocking of internet sites, increased surveillance of journalists and limits on protection of journalists’ sources. The report finds that the laws have already seriously affected freedom of expression while providing little benefit in fighting terrorism. The report also examines the roles of the United Nations Security Council, European Union and Council of Europe in promoting new laws while paying little attention to human rights.

UK-EU: British government sues EU Council over decision to exclude UK from decision on police access to Visa Information System (VIS) (Case C-428/08, pdf). Having chosen not to participate in the common EU visa policy and the development of VIS, the UK was also excluded from the decision to grant Europol and law enforcement agencies in the member states access to VIS data. The British government is now seeking annulment of the latter decision (i.e. access to VIS for UK law enforcement agencies) on the grounds that the EU decision was given an incorrect legal basis in the provisions developing the Schengen area.

EU: Revised proposal on telecoms regulation: 'Citizens' Rights Directive' (pdf): This is a draft Directive amending the 2002 Directive on privacy in telecommunications. It addresses aspects of data protection, data security, confidentiality, traffic data, location data, caller ID, subscriber data and unsolicited communications but will not apply to activities falling outside of the 'first pillar', including access by law enforcement agencies to data collected under the EU's mandatory retention regime.

MALTA: Scandalous: Borg Olivier requests confidential data of ‘complaining citizens’ (Malta Today. link) In an email to government ministers, PN secretary general blurs state and party lines by requesting personal data of individuals who complained to ministries

EU-UN-ROMA: UN experts call for European action to stop violence against Roma (UN press release, pdf): "Effective action is required to stem the growing tide of hostility, anti-Roma sentiment and violence across Europe" stated the UN Independent Expert on minority issues, Gay McDougall. "Where a hard-core of extremism exists in society and is willing to perpetrate violence, the full force of the criminal justice system must be used to protect targeted populations." Equally, the UN Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related forms of intolerance, Githu Muigai, stressed that "such actions reveal serious and deep-rooted problems of racism and discrimination against Roma at the heart of modern Europe that must be addressed in the most vigorous manner and through the rule of law." See also: Ethnic riot erupts in Czech town (BBC News, link)

EU: European Commission drops proposals for "body scanners" at airports (which strip people naked). On 18 November the Commission announced that it was to drop its proposal for "body scanners" to be used as part of airport security after opposition from the European Parliament and civil society groups. Lack of EU rules means member states can choose whether or not to use "body scanners". See: Letter from Commissioner Tajani to EP (pdf) See also: EU: Body Scanners at airports: MEPs say that fundamental rights are under threat (EP Press release, pdf) and The measure was proposed in the Commission proposal for a Regulation on aviation security: full-text (pdf).

UK: INTRODUCTION OF ID CARDS: Home Office: Consultation press release (pdf) and full Consultation document (pdf) and see story below.

UK: Home Office: Identity and Passport Service: Introducing the National Identity Scheme: How the Scheme will work and how it will benefit you (pdf). The No2ID campaign comments:

"The document doesn't mention that once your details are in the database they are in there for life, that it is your responsibility to keep that data up to date and to not lose your card, that you can't check your record, that there are fines for any errors or if you fail to keep your data up to date, and that the National Identity Register Number will be used to track you for the rest of your life."

THE ALTERNATIVE CONSULTATION ON EU JUSTICE AND HOME AFFAIRS POLICY: The European Commission has launched a public consultation on the future priorities in the field of Justice and Home Affairs policy. The European Civil Liberties Network has produced an alternative questionnaire to provoke a more wide ranging debate about EU policy and practice. Please take a few moments to complete the survey and have your say on EU justice and home affairs policy: Complete survey : For more information about the ECLN survey, see: the ECLN survey

See: Full contents of Statewatch News online with commentary and news in brief plus archives or What's New


Top reports 2007-2008

EU: SPECIAL STATEWATCH REPORT: The Shape of Things to Come by Tony Bunyan (Version 1.3 with corrections and amendments). The EU is currently developing a new five year strategy for justice and home affairs and security policy for 2009-2014. The proposals set out by the shadowy "Future Group" set up by the Council of the European Union include a range of highly controversial measures including new technologies of surveillance, enhanced cooperation with the United States and harnessing the "digital tsunami". In the words of the EU Council presidency: "Every object the individual uses, every transaction they make and almost everywhere they go will create a detailed digital record. This will generate a wealth of information for public security organisations, and create huge opportunities for more effective and productive public security efforts." This major new report The Shape of Things to come (60 pages) examines the proposals of the Future Group and their effect on civil liberties. It shows how European governments and EU policy-makers are pursuing unfettered powers to access and gather masses of personal data on the everyday life of everyone – on the grounds that we can all be safe and secure from perceived “threats”. The Statewatch report calls for a “meaningful and wide-ranging debate” before it is “too late” for privacy and civil liberties. See also ongoing: Statewatch Observatory: "The Shape of Things to Come" - the EU Future group

EU: The dream of total data collection by Heiner Busch. Status quo and future plans for EU information systems

Terrorist lists" still above the law by Ben Hayes

EU: Secret trilogues and the democratic deficit by Tony Bunyan

EU: Returns Directive: "Against the Outrageous Directive" speech given by Yasha Maccanico in EP

Cementing the European state by Tony Bunyan, New emphasis on internal security and operational cooperation at EU level

EU-SIS Schengen Infornation System Article 99 report by Ben Hayes

Policing protests in Switzerland, Italy and Germany

The surveillance of travel in the EU where everyone is a suspect by Tony Bunyan

Top reports 2004-06

EU: Statewatch Report: Arming Big Brother: new research reveals the true costs of Europe's security-industrial complex by Ben Hayes (pdf, April 2006). The European Union is preparing to spend hundreds of million on new research into surveillance and control technologies, according to Arming Big Brother, a new report by the Transnational Institute (TNI) and Statewatch. Press release (English) Press release (Spanish, link) Copy of full report (English, pdf) Copy of full report (Spanish, pdf) Hard copies of Arming Big Brother can be obtained from: The Transnational Institute, please send an e-mail to: wilbert@tni.org with your request.

EU: "Unaccountable Europe" by Tony Bunyan (Statewatch editor) in Special issue of Index on Censorship: "Big Brother Goes Global" (December 2005)

Europe: Launch of the European Civil Liberties Network (link) - The ECLN was launched on 19 October 2005 as a long-term project to develop a platform for groups working on civil liberties issues across Europe. A collection of "Essays in defence of civil liberties and democracy" was published to mark the launch the ECLN

Global surveillance: Global coalition launch report and international surveillance campaign: Statewatch, with partner organisations the American Civil Liberties Union (ACLU), Focus on the Global South, Friends Committee (US) and the International Civil Liberties Monitoring Group (Canada) today publishes an in-depth report: "The emergence of a global infrastructure for registration and surveillance" (20 April, 2005).

Statewatch report: Journalism, civil liberties and the war on terrorism (full-report/request printed copy) - Special report by the International Federation of Journalists and Statewatch including an analysis of current policy developments as well as a survey of 20 selected countries in Africa, Asia, Europe, Latin Amercia, the Middle East and the USA (published World press freedom day, 1 May 2005)

Statewatch analysis: The exceptional and draconian become the norm - G8 and EU counter-terrorism plans (updated 26 March 2005 pdf)

Statewatch "Scoreboard" on EU counter-terrorism plans (pdf) agreed in the wake of the Madrid bombings. Our analysis shows that 27 out of the 57 EU proposals have little or nothing to do with tackling terrorism - they deal with crime in general and surveillance: Analysis in Spanish (March 2004)

The road to "1984" Part II: Everyone in the EU will have to have their fingerprints taken to get a passport (February 2004)


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