Silicon.com: Privacy scandal: Dodgy data laws on the way

[Owen Blacker]

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> HEADLINE: Privacy scandal: Dodgy data laws on the way
> PUBLISHED: 9:45am on Thursday 17th May 2001
> CHANNEL: E-society
> AUTHOR: Sally Watson
> ARTICLE: http://www.silicon.com/a44456 
> 
> TEXT OF STORY FOLLOWS:
> 
> The French, German and UK governments are leading a stealth 
> attack on Europe's data privacy laws, according to leaked 
> documents obtained by campaign group Statewatch.
> 
> The documents reveal the Council of the European Union has 
> given its backing to plans permitting the retention of phone, 
> email, fax and internet communication data for up to seven 
> years, giving law enforcement agencies the ability to 'fish' 
> for criminal activity.
> 
> The draft proposal claims the obligation on operators to 
> erase and make traffic data anonymous "seriously obstructs" 
> criminal investigations. It calls on the European Commission 
> to take "immediate action" to ensure that law enforcement 
> agencies can have access.
> 
> According to Statewatch director Tony Bunyan, repressive 
> regimes would be condemned for violating civil liberties if 
> they took similar action. "The fact that it is being proposed 
> in the 'democratic' EU does not make it any less 
> authoritarian or totalitarian," he claimed.
> 
> The move will bring the Council into direct conflict with 
> Europe's data protection commissioners and a revised 
> directive on electronic data protection currently before the 
> European Parliament.
> 
> In her annual report for 2000, UK data protection 
> commissioner Elizabeth France said the routine long-term 
> preservation of data by ISPs "would be disproportionate 
> general surveillance of communications".
> 
> The plans date back to 1995 when Europe adopted a 
> cross-Atlantic interception agreement with the FBI. A move in 
> 1998 to extend the so-called Enfopol legislation to include 
> the internet failed, leaving individual countries to create 
> their own interception laws, such as the UK's RIP Act.
> 
> The latest proposals echo a report from the UK's National 
> Criminal Intelligence Service (NCIS) last August, which 
> caused a storm of protest at the time. 
> Giving evidence to the DTI Select Committee in December, 
> e-minister Patricia Hewitt said she disagreed with the NCIS demands. 
> 
> "I have discussed it informally with [home office minister] 
> Charles Clarke and I understand it is his view as well that 
> that proposal should not be implemented," she told MPs.
> 
> Caspar Bowden, director of internet think-tank FIPR, said: 
> "The government has repeatedly denied supporting these 
> quasi-totalitarian measures, but it turns out they have been 
> secretly lobbying at European level all along. This is sheer 
> duplicity.
> 
> The Council of the European Union was unavailable for comment. 
> 
> SILICON SAYS: Everyone understands the problems the police 
> face in tracking criminals, but trying to force service 
> providers to store and search this much data is patently 
> ridiculous. Perhaps Europe's politicians should be forced to 
> foot the bill, then they might think twice.
> 
> For related news and opinion, see:
> Privazzzzzy? Pay attention, your wallet's at risk 
> http://www.silicon.com/a44481 
> ISPA labels police 'inept' in privacy row
> http://www.silicon.com/a42096 
> A year in review: The 'Snooping' Bill
> http://www.silicon.com/a41726 
> Industry outraged by 'impossible' snooping proposals
> http://www.silicon.com/a41331 
> Enfopol resolution hits fresh trouble
> http://www.silicon.com/a30225 
> 
> 
> STORY ENDS
> 
> For more information on silicon.com go to http://www.silicon.com.
> 
> silicon.com - the who, what, when, where and why of ebusiness

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