UNIVERSAL SURVEILLANCE

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Statewatch press release, 8 May 2002
EU GOVERNMENTS SECRETLY DRAFTING BINDING FRAMEWORK DECISION TO INTRODUCE
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.

Tony Bunyan, Statewatch editor, comments:

"By drafting a binding Framework Decision before the proper legislative
processes are 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"

The full story is on:

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


For further information please contact Statewatch office: (00 44) (0) 208
802 1882 Tony Bunyan at: (00 44) (0) 207 254 3597





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