From: Statewatch news and announcements [mailto:[log in to unmask]] Sent: Tuesday, June 26, 2001 2:28 PM
To: List Member
Subject: Decision time on data retention & other news from Statewatch


Statewatch news and announcements - http://www.statewatch.org

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Latest news from Statewatch <http://www.statewatch.org/news>

EXCLUSIVE: EU GOVERNMENTS TO DECIDE ON THE RETENTION OF TELECOMMUNICATIONS
DATA

- the European Commission and the EU's Data Protection Working Party
strongly oppose the initiative
- UK leading the campaign for data retention

The debate over the retention of telecommunications data by EU states for
the purposes of giving access to the law enforcement agencies is reaching
the crunch stage. At the Telecommunications Council in Brussels on 27-28
June the decision may be made to back demands by the UK government for
data to be retained for use by the agencies. The European Commission are
strongly opposed to the changes as are a number of the rapporteurs in the
European Parliament. The background is on the Statewatch Observatory on
Surveillance in Europe: <http://www.statewatch.org/soseurope.htm>. The EU
governments are trying to find a "common position", with the UK, Belgium
and Sweden backing the law enforcement demands, and the Netherlands, Italy
and Greece opposed. The European Commission and EU's Data Protection
Working Party are also strongly opposed to the initiative, and the latter
has written to the three European Institutions. Their views highlight the
fundamental importance of this issue:

"It is not acceptable that the scope of initial data processing is widened
in order to increase the amount of data available for law enforcement
objectives. Any such changes in these essential provisions that are
directly related to fundamental human rights, would turn the exception
into a new rule. 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. Could the Information Society still claim to be
a democratic society under such circumstances ?"

(extensive background and full-text documentation included)

PUBLIC ORDER POLICING IN EUROPE - POLICY BACKLASH EXPECTED
After the confrontation between police and protesters in Gothenburg last
weekend, some European governments have called for new public-order
legislation, both at national and EU level. Most states already have
extensive statutory powers to deal with 'live' public order situations
(crowd control, special powers of arrest and detention etc.) but are now
looking to step-up international cooperation and introduce measures aimed
at preventing protesters from different EU states coming together. This
feature looks at EU discussions on restricting the movement of EU citizens
on public order grounds and allowing the expulsion of EU citizens from one
member state to another; existing arrangements for police cooperation and
the exchange of intelligence data; and three scheduled international law
enforcement conferences to deal with the protests.

QUESTIONS ASK WHETHER THE DEATH OF 58 CHINESE IMMIGRANTS WAS A "CONTROLLED
DELIVERY"?
The death of 58 Chinese migrants in a container lorry has resulted in
prosecutions for manslaughter and people trafficking in the UK and
Netherlands. The British trial has now ended, and questions concerning a
possible involvement of police forces from both countries have arisen in
the Dutch trial. Inconsistencies in police statements over surveillance of
the suspects prior to the fatal journey, and links to earlier cases of
known trafficking have led to parliamentary questions in the Netherlands
about whether the container could have been part of an international
"controlled delivery" operation. (Feature from Statewatch bulletin, vol 11
no 2 (March-April 2001))

CONFERENCE ON ACCESS TO DOCUMENTS
The first conference on the new Regulation on public access to EU
documents is being organised by the Academy of European Law (Trier,
Germany) and Statewatch on 12-13 July in Trier.

NEWS IN BRIEF

Dounreay - An end to nuclear reprocessing?

Full-text of the Turkish government's submission to the EU on its detailed
plans to meet the standards for accession to the EU.


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