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From: Statewatch [mailto:[log in to unmask]]
Sent: 31 October 2005 20:01
To: [log in to unmask]
Subject: Statewatch News Online, 1 November 2005 (38/05)
Statewatch News Online, 1 November 2005 (38/05) Full contents see:
http://www.statewatch.org/news
1. EU: Mandatory data retention - Guide to the issues and documents
2. UK: Information Commissioner's report on the ID Card Bill
3. UK: Home Office reports on racial incidents
4. European Civil Liberties Network (ECLN)
5. Spain: "Transparency and silence" report on freedom of information
throws up alarming results
6. EU: Schengen Information System II (SIS II) report
7. EU: Data protection reports on standards for security features and
biometrics in passports
8. EU: Journalists Warn of Threats to Press Freedom in new code
9. UK: Terrorism Bill - as revised (12 October 2005)
10. UK: The head of MI5 (the UK's internal security service), statement on
torture 11. UK: House of Lords: critical report on the ID Card Bil 12.
Working with the media: New IRR Guide 13. European Commission: Proposal on
trafficking in human beings 14. EU-SIS: Joint Supervisory Authority (JSA)
critical report on the Schengen Information System 15. European Commission
publishes Proposal on the "principle of availability"
16. Italy: ALCEI - Electronic Frontiers Italy - The repression of civil
rights with the pretext of terrorism 17. EU: Justice and Home Affairs
Council, 12 October 2005 18. EU: Two overviews on civil liberties, security
and democracy 19. EU: Europol 2005 Organised crime report - public version
1. EU: MANDATORY DATA RETENTION - ISSUES & DOCUMENTATION
In the interests of ensuring an informed debate Statewatch has produced an:
Annotated guide to the issues and documentation:
http://www.statewatch.org/news/2005/oct/dat-ret-ep.htm
In November the European Parliament will be deciding its position on the
European Commission's proposal for a Directive on data retention - which
would log everyone's communications (phone, fax, mobiles including location,
e-mails and internet usage) and give access law enforcement agencies for the
foreseeable future. The UK Council Presidency (representing the 25 EU
governments) is demanding that the parliament rush through the measure by
the end of November under the 1st reading procedure ("fast-tracking"
intended for uncontroversial measures).
2. UK: Information Commissioner's report on the ID Card Bill:
http://www.statewatch.org/news/2005/oct/uk-id-cards-info-com.pdf
3. UK: The Home Office Research Unit has published two reports:
a) Racist incidents: progress since the Lawrence Inquiry:
http://www.statewatch.org/news/2005/oct/ho-racial-incidents.pdf
b) Assessing the impact of the Stephen Lawrence Inquiry (pdf)
http://www.statewatch.org/news/2005/oct/ho-stephen-lawrence.pdf
4. European Civil Liberties Network launch
i) website: http://www.ecln.org/
ii) "Essays on civil liberties and democracy in Europe": A collection of
sixteen Essays were specially written for the launch:
http://www.ecln.org/essays.html
5. Spain: "Transparency and silence" report on freedom of information throws
up alarming results:
http://www.statewatch.org/news/2005/oct/12spain-foi.htm
6. EU: Schengen Information System II (SIS II). Peter Hustinx, the European
Data Protection Supervisor has issued his opinion on the proposals for SIS
II (the second-generation Schengen Information System). Echoing the last
week's opinion from the Schengen Joint Supervisory Authority, Mr. Hustinx
criticised the absence of both an explanatory memorandum and impact
assessment study, the complexity of the legal framework and the lack of
clarity regarding competences. Mr. Hustinx also has serious reservations
about the incorporation of biometrics into SIS II: EDPS Opinion:
http://www.statewatch.org/news/2005/oct/edps-Opinion-SISII.pdf
Statewatch analyses: Legislative proposals on SIS II (Professor Steve
Peers):
http://www.statewatch.org/news/2005/jun/05sisII.htm
SIS II fait accompli? Construction of EU's Big Brother database underway:
http://www.statewatch.org/news/2005/may/sisII-analysis-may05.pdf
7. EU: Reports from the Article 29 Working Party on Data Protection:
Standards for security features and biometrics in passports:
http://www.statewatch.org/news/2005/oct/wp112.pdf
and Data Protection Issues Related to RFID Technology (Radio Frequency ID):
http://www.statewatch.org/news/2005/oct/wp111.pdf
8. EU: Journalists Warn of Threats to Press Freedom in European Union Debate
over anti-Terrorism Policy (link to press statement from the European
Federation of Journalists):
http://www.ifj.org/default.asp?Index=3434&Language=EN
9. UK: Terrorism Bill - as revised - dated 12 October 2005:
http://www.statewatch.org/news/2005/oct/uk-terrorism-bill-12-oct-05.pdf
Amnesty International briefing (link):
http://web.amnesty.org/library/pdf/EUR450382005ENGLISH/$File/EUR4503805.pdf
Liberty briefing for the 2nd reading (link):
http://www.liberty-human-rights.org.uk/resources/policy-papers/2005/terroris
m-bill-2nd-reading-commons.PDF
10. UK: The head of MI5 (the UK's internal security service), Dame Eliza
Manningham-Buller, has submitted a statement to the Court of Appeal in the
House of Lords on the use of intelligence from a third state which may have
been obtained by the use of torture, inhuman or degrading treatment.
Submission by head of MI5:
http://www.statewatch.org/news/2005/oct/mi5-hol.pdf
The statement includes: "it may be apparent to the Agencies that the
intelligence has been obtained from individuals in detention ("detainee
reporting")."
11. UK: House of Lords Constitution Committee has published a critical
report on the ID Card Bill:
http://www.statewatch.org/news/2005/oct/hol-const-cttee-ID-cards.pdf
In the report, Liberal Democrat Lord Holme of Cheltenham said: "Contrary to
the government's assertions, the committee reaffirms that the bill
fundamentally alters the relationship between citizens and the state."
The Joint Committee on Human Rights (Houses of Commons and Lords) has also
published its report on scrutiny which includes strong reservations about
the ID Card Bill: Scrutiny report:
http://www.statewatch.org/news/2005/oct/jt-human-rights-cttee-report.pdf
12. Working with the media: New IRR Guide (link,pdf) The Institute of Race
Relations has published a new 9-page guide for anti-racist campaigners and
refugee rights activists on working with the media. The guide can be
downloaded at: (pdf file, 697kb):
http://www.irr.org.uk/pdf/media_guidance.pdf
13. European Commission: Fighting trafficking in human beings - an
integrated approach and proposals for an action plan:
http://www.statewatch.org/news/2005/oct/com-trafficking-514.pdf
14. EU-SIS: Joint Supervisory Authority (JSA) on the Schengen Information
System issues critical report on SIS II proposals:
http://www.statewatch.org/news/2005/oct/JSA-SIS.pdf
In a detailed opinion on the Commission proposals the JSA has criticised the
planned "open-ended legal structure", suggesting it is "sometimes be unclear
what is [to be] regulated by which instrument." Neither is the JSB clear
what exactly the purpose of SIS II is, meaning "the legal basis fails to
comply with one of the key principles of data protection; namely, that the
purpose of processing must be specified and explicit". It is also unclear
"from the proposals who will be responsible for the SIS II" and what roles
there will be for European and national data protection supervisors.
15. European Commission publishes Proposal on the "principle of
availability":
http://www.statewatch.org/news/2005/oct/com-principle-availability.pdf
16. Italy: ALCEI - Electronic Frontiers Italy - The repression of civil
rights with the pretext of terrorism:
http://www.statewatch.org/news/2005/oct/08italy-rights.htm
17. EU: Justice and Home Affairs Council, 12 October 2005, Luxembourg:
Press release:
http://www.statewatch.org/news/2005/oct/jha-prel-12-oct.pdf
Background Note:
http://www.statewatch.org/news/2005/oct/jha-background-12-oct.pdf
Main "B" Point agenda:
http://www.statewatch.org/news/2005/oct/jha-agenda-12-oct.pdf
"A" Point agenda (adopted without any discussion):
http://www.statewatch.org/news/2005/oct/jha-A-pts-agenda-12-oct.pdf
The Justice and Home Affairs Council discussed: July 13 JHA Council
Declaration: Updated follow-up (dated 10.10.05) which is a useful summary of
anti-terrorist measures planned - and contains a number that are little or
nothing to do with combating terrorism:
http://www.statewatch.org/news/2005/oct/jha-decl-follow-up.pdf
An associated document on "New Ideas" was drawn up later and they are not
included in the Declaration. This contains: 1) A proposal to extend the
members of the Prum Treaty (Germany); 2) A proposal to look at recording the
entry and exit of third country nationals (Italy); and 3) "developing a
common approach to the expulsion of terrorist suspects" (Italy): "New Ideas"
on Counter-Terrorism from the July JHA Council: Next Steps:
http://www.statewatch.org/news/2005/oct/eu-next-steps-05.pdf
18. EU: Two overviews on civil liberties, security and democracy:
While Europe sleeps: under the "war on terrorism" a veneer of democracy is
legitimating the creation of a coercive (and surveillance) state by Tony
Bunyan:
http://www.statewatch.org/news/2005/oct/ecln/essay-11.pdf
There is no "balance" between security and civil liberties - just less of
each by Ben Hayes:
http://www.statewatch.org/news/2005/oct/ecln/essay-12.pdf
19. EU: Europol 2005 Organised crime report - public version (pdf)
http://www.statewatch.org/news/2005/oct/europol-org-crim-public.pdf
BOOKMARK
News online - full contents:
http://www.statewatch.org/news
What's New on the Statewatch site:
http://www.statewatch.org/whatsnew.htm
Statewatch European Monitor:
http://www.statewatch.org/monitor/monitor.html
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