[FYI] (Fwd) FC: EU committee votes on spam, requirements for data retention

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

------- Forwarded message follows -------
Date sent:      	Thu, 12 Jul 2001 07:28:54 -0400
To:             	politech@politechbot.com
From:           	Declan McCullagh <declan@well.com>
Subject:        	FC: EU committee votes on spam, requirements for data retention
Send reply to:  	declan@well.com



EP / PRIVACY IN ELECTRONIC COMMUNICATIONS
EP CIVIL LIBERTIES COMMITTEE APPROVES CAPPATO REPORT

Brussels, 11 July 2001 ­ The EP Civil Liberties Committee approved
today the report by Marco Cappato (Radical MEP of the Lista Bonino) on
the draft EU Commission proposal for a directive on privacy in
electronic communications, with 22 votes in favour, 12 against and 5
abstentions, under the co-decision procedure.

Declaration by Marco Cappato:
"The Civil liberties committee expressed itself in favour of a strict
regulation of law enforcement authorities' access to personal data of
citizens, such as communication traffic and location data. This
decision is fundamental because in this way the EP blocks EU States'
efforts underway in the Council to put their citizens under
generalised and pervasive surveillance, following the Echelon model.
The decision of leaving to Member States the choice between opt-in and
opt-out systems on electronic commercial communications is a liberal
approach that respects subsidiarity, and that takes into consideration
freedom of expression (prohibiting "hidden" spamming) and the
different experiences of the Member States".
=================================== Annex: relevant draft Cappato
report text as it came out of the vote of today

Article 15: Member States may adopt legislative measures to restrict
the scope of the rights and obligations provided for in Article 5,
Article 6, Article 8(1) to (4), and Article 9 (confidentiality of
communication traffic data and location data)  of this Directive when
such restriction constitutes a necessary, appropriate, proportionate
and limited in time measure within a democratic society to safeguard
national security, defence, public security, the prevention,
investigation, detection and prosecution of criminal offences or of
unauthorised use of the electronic communication system, as referred
to in Article 13(1) of Directive 95/46/EC. These measures must be
entirely exceptional, based on a specific law which is comprehensible
to the general public and be authorised by the judicial or competent
authorities for individual cases. Under the European Convention on
Human Rights and pursuant to rulings issued by the Court of Human
Rights, any form of wide-scale general or exploratory electronic
surveillance is prohibited.

Art.13 (...) Member States shall take appropriate measures to ensure
that, free of charge and in an easy and clear manner, unsolicited
communications for purposes of direct marketing, by means other than
those referred to in paragraph 2 (fax, automated calling machines;
electronic email has been deleted) are not allowed either without the
consent of the subscribers concerned or in respect of subscribers who
do not wish to receive these communications, the choice between these
options to be determined by national legislation. The practice of
sending electronic messages  for the purpose of direct marketing
disguising or concealing the identity of the sender on whose behalf
the communication is made shall be prohibited. Senders of unsolicited
electronic mail shall supply with their messages an address to which
the recipient may send a request that such communications cease.

Infos:  tel 0032 2 2847496; Email: mcappato@europarl.eu.int




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