[FYI] EU: Surveillance of telecommunications

["Axel H Horns" <horns@ipjur.com>]

http://www.statewatch.org/news/2002/may/05surv.htm

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Surveillance of telecommunications 

EU governments are secretly drafting a binding Framework Decision to 
introduce the universal surveillance of telecommunications  

- European Parliament faces crucial vote on 15 May to reject the 
governments' demands on the retention of data and access by the law 
enforcement agencies  

Statewatch has learnt that in advance of the completion of the EU 
legislative process on proposals for the revision of the 1997 EU 
Directive on privacy in the telecommunications sector 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 
telecommunications traffic data and the granting of access to it by 
law enforcement agencies (police, customs, immigration and internal 
security agencies).  

On 15 May the European Parliament plenary session is due to vote on a 
report adopted by the Committee on Citizens' Freedoms and Rights on 
18 April. This report re-affirmed the position taken by the 
parliament in its 1st reading on 13 November 2001 which opposed the 
fundamental change being put forward by the Council. Under the 1997 
Directive data can only be retained for a short period for "billing" 
purposes (ie: to help the customer confirm usage details) and then it 
must be erased. The Council want this data to be retained for law 
enforcement agencies to access. The European Parliament proposes that 
the current position is maintained whereby such data can be accessed 
for the purposes of national security and criminal investigations 
where it is authorised in a case-by-case basis by judicial 
authorities.  

The Council of the European Union (the 15 governments) and the 
European Parliament are thus potentially on a collision course over 
the issue. As the measure is subject to the co-decision procedure, 
whereby the Council and the European Parliament has to agree the 
final text, if the parliament holds to its position then the process 
moves into the stage where a "Conciliation Committee" is set up to 
reach agreement.  

However, the next stage is the crucial vote in the European 
Parliament on 15 May where a majority of MEPs, 314 out of 626, have 
to back the parliament's 2nd reading position. If the position 
adopted in November and confirmed in April this year does not get the 
backing of the majority of MEPs then the Council's position will 
carry the day.  

The Brussels "spin machine" will be hard at work trying to re-assure 
MEPs that the Council's proposal is not binding on EU member states 
and that it will be up to each governement (and parliament) to decide 
how to respond. However, this position is completley exposed by the 
revelation that EU governments are planning to adopt a Framework 
Decision which will bind all members states to introduce the 
retention of data.  

Tony Bunyan, Statewatch editor, comments:  

"By drafting a binding Framework Decision before the proper 
legislative process is finished EU governments are showing their 
utter disregard for the European Parliament.  

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"  

Background  

1. Statewatch News online: April 2002: Narrow vote in European 
Parliament on data retention 

2. Statewatch summary: European Commission sells out 

3. Statewatch bulletin, January-February 2002: Final decision on 
surveillance of telecommunications 

4. Statewatch report, up to 11 September: Data protection or data 
retention in the EU? (pdf)  

Story filed 8.5.02  

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