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Court strikes down Ireland's data retention regime
The Irish High Court has ruled
that Irish law on the retention of telecommunications data contravenes
EU law and the European Convention on Human Rights.
crisis: latest news from across Europe (3-10.12.18) including:
- UK: Stansted 15: Activists
who stopped deportation flight found guilty of 'endangering'
- Appeal by African civil society
organisations to their states: Let us move in our
- Syrian aid worker who swam
refugees to safety freed from Greek jail
weekend of Yellow Vests protests: more than 1700 arrested and
over 1200 held in custody
More than 1700 people were arrested
across France at the weekend following the fourth round of 'Yellow
Vests' protests against the government of Emmanuel Macron. Some
400 people were also arrested in Belgium during a "copycat"
demonstration, according to RFI.
surveillance: USA calls for global PNR standard and seeks to
export profiling software
The USA is pushing for the adoption
of an international standard on Passenger Name Record (PNR) data
in order to "enhance the global security communitys
ability to identify risks, detect and deter terrorism,"
while the country's Department of Homeland Security is promoting
free passenger screening software that should make real-time
prediction[s] with a reasonable response time of less than
and Home Affairs Council, 6-7 December 2018, Brussels
release, 6-7 December, Final (pdf)
Pts Agenda (for discussion), "A"
Pts legislative (for adoption without discussion) and
Pts non-legislative (for adoption without discussion).
Amongst documents to be discussed
retention- State of play (LIMITE doc no: 14319-18, pdf)
of the Common European Asylum System and Resettlement
(LIMITE doc no: 14597-18, pdf)
to process confidential security information with Libyan
Coast Guard (link)
"The EU Border Agency
has massively strengthened its surveillance capabilities. To
make better use of this information, it will now be passed to
the Libyan Coast Guard. This is legally impossible, now Frontex
is pressing for the relevant regulations to be renewed. The navy
in Libya, however, is using a Gmail address."
Propose A 'Going Dark' Workaround That Creates The Same User
Trust Problem Encryption Backdoors Do (TechDirt, link):
"The idea (there's really
only one presented here) isn't as horrible as others suggested
by law enforcement and intelligence officials. But that doesn't
mean it's a good one."
See the article by GCHQ staff:
for a More Informed Exceptional Access Debate (Lawfare,
entry into Andalucia's regional parliament welcomed by conservative
Vox, a far-right political
party, has won 12 seats in Andalucia's regional parliament, prompting
the leader of Spain's Popular Party (PP) - the country's chief
conservative formation - to say that a potential alliance presents
"an enormous opportunity" that he "would not let
General Campos Sánchez-Bordona proposes that the Court
of Justice should declare that Article 50 TEU allows the unilateral
revocation of the notification of the intention to withdraw from
"That possibility continues
to exist until such time as the withdrawal agreement is formally
crisis: latest news from across Europe (27.11-3.12.18) including:
- Sea Rescue: A trade union
- EP lawyers back EU plans
for migrant centres in Africa
- CEAS: State of play: International
protection, Resettlement, Reception and Return
European Council meeting,
13-14 December 2018: Draft
guidelines for conclusions
(CO EUR-PREP 50, LIMITE, 26 November 2018, pdf) covering multiannual
financial framework (MFF), single market, migration, disinformation,
external relations, racism and xenophobia, citizens' dialogues
and strategic agenda.
Statewatch Analysis: 'More police
is not a synonym for more security (pdf)
by Andreu Merino. Originally published by NacióDigital:
"In May next year the
mayoral elections for the city of Barcelona will take place.
Candidates for the position have recently intensified their discourse
over the perception of insecurity in the city, yet many experts
recommend alternative solutions to simply increasing police presence
in public places."
Interoperability "State of play": Planned centralised
"Big Brother" database coming your way by 2023
The Council Presidency
has produced a Note on: Interoperability:
state of play
(LIMITE doc no: 14193-18, pdf) which says that: "The
Presidency and the co-rapporteurs [of the European Parliament]
are committed to reaching a political agreement on this file
by the end of December." [emphasis added throughout]
If this objective is achieved: "it would mean that the
entry into operations of the four interoperability components
(European Search Portal, shared Biometric Matching Service, Common
Identity Repository and Multiple Identity Detector) could be
achieved by 2023 if the delegated acts and implementing acts
included in the interoperability file are all adopted by 2020."
greenlights new wave of military projects, secret agents training (euractiv, link):
"Foreign and defence
ministers on Monday (19 November) agreed on 17 new armaments
and military projects within the PESCO framework, including the
development of new weapons systems and the establishment of a
training facility for secret agents.
The Joint EU intelligence
school will be led by Greece and based in Cyprus and is meant
to train intelligence agency staff from around the EU in cooperation
with national security agencies and NATO.
According to the list
of new projects (pdf link)
draft withdrawal agreement - documentation
The UK government
has published its proposed draft withdrawal agreement for leaving
Schengen Information System rules adopted by Council
The Council of the EU has adopted
three new regulations that will extend the scale and scope of
the Schengen Information System II (SIS II). The rules cover
the use of the system for police and judicial cooperation; border
checks; and "for the return of illegally staying third-country
finds Metropolitan Police Services Gangs Matrix breached
data protection laws (Information Commissioner's Office,
"An investigation by
the Information Commissioners Office (ICO) found that the
Metropolitan Police Services (MPS) use of the Gangs Matrix
led to multiple and serious breaches of data protection laws."
EU: ENAAT: (European Network Against Arms Trade): Joint statement The risks of the new EU Defence
Fund (pdf): signed by 42 NGOs
there could be potential benefits from the pooling together military
research and development, such as savings from reducing duplication.
However, the proposal as it currently stands clearly says it
is not substituting EU for national funding and encourages EU
Member States to continue increasing their own spending.(...)
In this remembrance
period of the First World War, and of the terrible effects of
what were disruptitive technologies at that titime, like chemical
gas and tanks, we urge the media and EU decision-makers alike
to ask whether the establishment of the European Defence Fund
is a good way to achieve peace and security."
Missing an Opportunity to Miss an Opportunity: The Council Legal
Service Opinion on the Commissions EU budget-related rule
of law mechanism (verfassungsblog.de, link):
"As illiberal rot
spread throughout the Union, eating away first at one government
and then at another with centralizing autocrats destroying the
rule of law in plain sight, history will show that both the European
Council and the Council of Ministers failed to act and, in the
end, deferred to national autonomy instead of defending the Unions
fundamental values. The EU is facing an existential crisis
because Member governments refuse to recognize that the common
values are the cornerstones of their common project." [emphasis added]
EU: European Commission (13 November
preparedness: European Commission proposes visa-free travel to
the EU for UK nationals in a no deal scenario if the UK
also grants reciprocal visa-free travel to all EU citizens (pdf)
"It would mean that UK
citizens would not need a visa when travelling to the Schengen
area for short stays of up to 90 days in any 180-day period.
In the scenario where the UK leaves the EU without a deal, this
would apply as of 30 March 2019. (...)
This proposal is entirely
conditional upon the UK also granting reciprocal and non-discriminatory
visafree travel for all EU Member States, in line with the principle
of visa reciprocity."
for researchers: Statewatch Analyses: 1999-ongoing
Borderline: The EU's New Border Surveillance Initiatives:
Assessing the Costs and Fundamental Rights Implications of EUROSUR
and the "Smart Borders" Proposals (pdf) A study by the
Heinrich Böll Foundation. Written by Dr. Ben Hayes and Mathias
Vermeulen: "Unable to tackle the root of the problem,
the member states are upgrading the Unions external borders.
Such a highly parochial approach taken to a massive scale threatens
some of the EUs fundamental values - under the pretence
that ones own interests are at stake. Such an approach
borders on the inhumane."
How the EU works and justice and home
affairs decision-making (pdf)
20th Anniversary Conference, June 2011: Statewatch
'policy laundering' and the FATF - legalising surveillance, regulating
(pdf) by Ben Hayes
to EU decision-making and justice and home affairs after the
(pdf) by Steve Peers, Professor of Law, University of Essex,
with additional material by Tony Bunyan
Neoconopticon: the EU security-industrial
(pdf) by Ben Hayes
The Shape of Things to Come (pdf) by Tony Bunyan
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