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    ISSN 1756-851X
    17 April 2014

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EU: Council of the European Union: Regulation on Data Protection, LEAs Directive on exchange of personal data & UK access to SIS II

• One-Stop Shop: Proposal for a regulation of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation) - One-stop-shop mechanism (109 pages, pdf): Council discussions including Member State positions on agreeing common position.

• As above: Data Protection Impact and Prior Checks (pdf)

• LEAs Directive on exchange of personal data: Proposal for a directive of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data by competent authorities for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and the free movement of such data - Chapters VII-X (60 pages, pdf) Including Member State positions.

• UK access to SIS II: Preparation for the accession of the UK to the SIS II - Report of discussions of the Working Party for Schengen Matters (pdf) Member States are not too keen on giving access. With the UK government intending to opt-out of a long list of JHA measures: "Several Member States (AT, BE, CZ, ES, FR) stated that for reasons of legal certainty, it is not possible for UK to accede to SIS before UK makes a formal re-opt in notification."

EU: Council of the European Union: Border Control ID Technology, Researchers. UK Evaluation, Europol & EUCI

Presidency's initiative on updating the minimum technical equipment required at the Border Crossing Points for Travel Document Control (161` pages, pdf) Detailed Survey of Member States' border control passport/ID card checking technologies

Proposal for a Directive of the European Parliament and of the Council on the conditions of entry and residence of third-country nationals for the purposes of research, studies, pupil exchange, remunerated and unremunerated training, voluntary service and au pairing [Recast] (pdf) Council internal discussion in trying to reach a common position - still huge differences between Member States - 245 footnotes/positions.

• UK: Declassified document: Evaluation report on the sixth round of mutual evaluations: "The practical implementation and operation of the Council Decision 2002/187/JHA of 28 February 2002 setting up Eurojust with a view to reinforcing the fight against serious crime and of the Council Decision 2008/976/JHA on the European Judicial Network in criminal matters." Report on UK (pdf)

• Europol: Proposal for a Regulation of the European Parliament and of the Council on the European Union Agency for Law Enforcement Cooperation and Training (Europol) and repealing Decisions 2009/371/JHA and 2005/681/JHA - Presidency compromise text (98 pages, pdf) Council position with highly detailed data gathering set out. For the purpose of : "cross-checking aimed at identifying connections between information" information can be gathered (24.1.a) from: "References to other information systems in which information on the person is stored: (i) Europol; (ii) Police/customs agencies; (iii) Other enforcement agencies; (iv) International organisations; (v) Public entities; (vi) Private entities."

• Classified document exchanges: Report on access to EUCI under exceptional circumstances (pdf)

EU: DATA PROTECTION: Article 29 Working Party: Opinion 04/2014 on surveillance of electronic communications for intelligence and national security purposes (WP 215, pdf): "the Working Party concludes that secret, massive and indiscriminate surveillance programs are incompatible with our fundamental laws and cannot be justified by the fight against terrorism or other important threats to national security. Restrictions to the fundamental rights of all citizens could only be accepted if the measure is strictly necessary and proportionate in a democratic society."

and Opinion 05/2014 on Anonymisation Techniques (WP 216, pdf): "The Opinion concludes that anonymisation techniques can provide privacy guarantees and may be used to generate efficient anonymisation processes, but only if their application is engineered appropriately"

CoE: Report: Secretary-General: State of democracy, human rights and the rule of law in Europe (pdf) and see: Europe faces worst human rights 'crisis' in decades (euobserver, link)

EU: European Parliament studies: Review of Security Measures in the 7th Research Framework Programme FP7 2007-2013 (pdf) and Evaluation of EU measures to combat terrorist financing (pdf)

FRANCE: Paris police order 'systematic eviction' of Roma gypsies - Row erupts over leaked note ordering police in Paris' chic sixth arrondissement to 'systematically evict' Roma gypsies (Daily Telegraph, link) and Paris police ordered to drive Roma off streets (rfi, link): "France's government was on the defensive this week after a police note ordering the systematic removal of Roma people from one of Paris's wealthiest neighbourhoods was leaked to the media." Also: France: “They said they would have killed us if we stayed” (AI, link), Europe: “We ask for justice”: Europe’s failure to protect Roma from racist violence (AI, link including report in French, Greek and Czech) and: European Parliament LIBE Committee: Roma discrimination: end illegal expulsions and ethnic profiling, MEPs say (Statewatch database)

USA-NSA: DATA SURVEILLANCE: HEARTBLEED: NSA Said to Exploit Heartbleed Bug for Intelligence for Years (Bloomberg, link) and Heartbleed hacks hit Mumsnet and Canada's tax agency (BBC News, link) also: Parenting website Mumsnet hit by Heartbleed hacking bug - Mumsnet says data of all 1.5m members may be compromised as co-founder admits message was posted using her own password (Guardian, link)

EU: POST-STOCKHOLM JHA PROGRAMME: UK House of Lords Select Committee on the EU: Strategic guidelines for the EU’s next Justice and Home Affairs programme: steady as she goes (pdf)

EU: European Commission: 2013 Report on the Application of the EU Charter of Fundamental Rights (COM 224-14, pdf) and see: Staff Working Document - 1 of 2 (SWD 141-14, pdf) and Staff Working Document - 2 of 2 (SWD 141-14, pdf)

UNHCR: Mediterranean crossings rise in first months of 2014 – many fleeing war and persecution (link):

"UNHCR estimates some 6,000 people have been rescued by the Italian Navy from over forty overcrowded boats in the Mediterranean off the shores of Sicily and Calabria in the past four days. They have disembarked in the ports of Augusta, Catania, Porto Empedocle, Messina and Pozzallo in Sicily and Roccella Jonica in Calabria. Large numbers of women and children, including newborns and unaccompanied children, were amongst those rescued. They had set off from Zwara in Libya, and many were fleeing violence, conflict and persecution. Main countries of origin include Syria, Eritrea, Somalia, Nigeria, Gambia, Mali and Senegal."

AFRICA: Migreurop: 4th EU-Africa summit – EU-Africa Migration policies: the deadly obliviousness of heads of state (link) and in French (link)

"On both shores of the Mediterranean, a securitarian view of migrations is shared. The externalisation of border management, the strengthening of surveillance systems through Frontex and Eurosur, as well as the instrumental use of public development aid to try to keep populations in their home countries, remain the key means for its implementation."

Background, official press release: Fourth EU-Africa Summit, 2-3 April 2014, Brussels: EU-Africa Declaration on migration and mobility (pdf)

EU: European Commission: New visa package:

A Smarter Visa Policy for Economic Growth (COM 165-14, pdf) and Accompanying SWD (SWD 101-14, pdf)
 Proposal for Regulation: Union Code on Visas (Visa Code) COM 164-14, (pdf) and Accompanying SWD (SWD 67-14, pdf)
Union Code on Visas (Visa Code) (COM 163-14, pdf) and Annexes (pdf)
Impact Assessment (84 pages, pdf)

NETHERLANDS: Meijers Committee:
Bill tabled by André Bosman (VVD) to regulate the right of Dutch nationals from Aruba, Curaçao and Sint Maarten to settle in the Netherlands (pdf):

"the Committee considers that a bill which draws a direct distinction between Dutch nationals on the basis of their decent and which deprives Antillean Dutch of certain rights which European Dutch do enjoy, is incompatible with the international obligations of the Netherlands, does not contribute to a solution for the problems experienced and may in itself cause new problems with the integration of Dutch nationals of immigrant origin."

USA-CIA: Senate Intelligence Committee Summary of CIA Torture (2 pages, pdf): Including

- The conditions of confinement for CIA detainees were brutal and far worse than the agency communicated to policymakers.
- The CIA manipulated the media by coordinating the release of classified information, which inaccurately portrayed the effectiveness of the agency's enhanced
interrogation techniques.

Update: Spain: Detention centre medical staff to be charged for Samba Martine's death: On 10 April 2014, Cadena Ser radio station reported that six members of the medical staff of the company that runs the medical service in Madrid's detention centre (CIE, Centro de Internamiento de Extranjeros) in the Aluche neighbourhood will be charged in relation to the death of a Congolese woman, Samba Martine, on 19 December 2011 after spending 38 days in detention.

Italy: Appeal for the liberation of bodies and of political dissent: The "Effimera" discussion list has issued an appeal that is open to signatures concerning the intimidation and repression deployed against social movement in Europe, with particular reference to four young "NO TAV" activists who are currently subjected to imprisonment in a regime of isolation.

ITALY: Ongoing calls for the closure of immigration detention centres : On 15 February 2014 in Rome there was a large demonstration calling for the closure of the city's Ponte Galeria migrant detention centre and Italy's other identification and expulsion centres (CIEs, centri di identificazione ed espulsione). The demonstration, called by Rome's movements for housing rights and the city's network of anti-racist associations, was made up of some 5,000 people and marched from Parco Leonardo to the Ponte Galeria CIE, shouting slogans in different languages.

EU: MANDATORY DATA RETENTION: European Parliament: Legal Service Opinion on the ECJ judgment (pdf) and see: Swedish ISP deletes all retained customer data in wake of EU court ruling (PC World, link) and: Finland must revise its data protection laws (Helsinki Times, link)  Also: European Data Protection Supervisor (EDPS): Press Statement: The CJEU rules that Data Retention Directive is invalid (pdf): "The judgment also means that the EU should take a firm position in discussions with third countries, particularly the U.S.A. on the access and use of communications data of EU residents."

USA-CIA-UK: Revealed: Senate report contains new details on CIA black sites (aljazeera, link):

"The Senate report, according to Al Jazeera’s sources, says that the CIA detained some high-value suspects on Diego Garcia, an Indian Ocean island controlled by the United Kingdom and leased to the United States. The classified CIA documents say the black site arrangement at Diego Garcia was made with the “full cooperation” of the British government. That would confirm long-standing claims by human rights investigators and journalists, whose allegations - based on flight logs and unnamed government sources — have routinely been denied by the CIA." And see: Document (pdf)

EU: Claiming asylum after interception is "abuse" of procedure, claims joint police operation report

A formal report produced by the Lithuanian Council Presidency argues that migrants who submit applications for international protection after they have been "intercepted" (apprehended) by national authorities are abusing the asylum procedure.

A large-scale joint police operation, codenamed PERKUNAS , was organised by the Lithuanian Presidency and carried out in September 2013. It aimed at "identifying the link between illegal EU external border crossings and secondary movements of irregular migrants within the EU and the Schengen Area," and the final report said that:

"Considering that the largest proportion (72.94%) of irregular migrants submitted applications for international protection after interception, this could be assessed as a definite quantitative indication of abuse of asylum procedure."

UK:The United Kingdom’s Strategy for Countering Terrorism: Pursue • Prevent • Protect • Prepare: Home Office publish: CONTEST: The United Kingdom’s Strategy for Countering Terrorism Annual Report (pdf) and Statement by Home Secretary (link). See: Taking stock of EU Counter-terrorism policy and review mechanisms: Summary of Statewatch’s findings for SECILE project (pdf)

Top reports and services 2004-2014

See: Resources for researchers: Statewatch Analyses: 1999-ongoing

SECILE Project: Taking stock of EU Counter-terrorism policy and review mechanisms: Summary of Statewatch’s findings for SECILE project (pdf)
Catalogue of EU Counter-Terrorism Measures Adopted since 11 September 2001 (pdf) by Ben Hayes & Chris Jones
Report on how the EU assesses the impact, legitimacy and effectiveness of its counterterrorism laws (pdf) by Ben Hayes & Chris Jones
Data Retention in Europe: A Case Study (pdf) by Chris Jones & Ben Hayes :

EU: 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 Union’s external borders. Such a highly parochial approach taken to a massive scale threatens some of the EU’s fundamental values - under the pretence that one’s own interests are at stake. Such an approach borders on the inhumane."

Statewatch's 20th Anniversary Conference, June 2011: Statewatch conference speeches

TNI - Statewatch: Counter-terrorism, 'policy laundering' and the FATF - legalising surveillance, regulating civil society

Statewatch publication: Guide to EU decision-making and justice and home affairs after the Lisbon Treaty (pdf) by Steve Peers, Professor of Law, University of Essex, with additional material by Tony Bunyan

EU: Major report from Statewatch and the Transnational Institute: NeoConOpticon - The EU Security-Industrial Complex by Ben Hayes (pdf): 700,000+ copies downloaded. Executive Summary (pdf) and NeoConOpticon blog

SPECIAL STATEWATCH REPORT: The Shape of Things to Come - the EU Future Group (Version.1.3) by Tony Bunyan: 67,134+ copies downloaded. The report calls for a “meaningful and wide-ranging debate” before it is “too late” for privacy and civil liberties. In the words of the EU Council presidency: "Every object the individual uses, every transaction they make and almost everywhere they go will create a detailed digital record. This will generate a wealth of information for public security organisations, and create huge opportunities for more effective and productive public security efforts." See also ongoing: Statewatch Observatory: The Stockhom Programme

See: Tony Bunyan's column in the Guardian: View from the EU

Statewatch publication: Border wars and asylum crimes by Frances Webber (38 pages, pdf): "When the pamphlet ‘Crimes of Arrival’ was written, in 1995, the title was a metaphor for the way the British government, in common with other European governments, treated migrants and especially, asylum seekers. Now, a decade on, that title describes a literal truth.... There is a frightening continuity between the treatment of asylum claimants and that of terrorist suspects. In the name of the defence of our way of life and our enlightenment values from attack by terrorists or by poor migrants, that way of life is being destroyed by creeping authoritarianism, and those values – amongst which the most important is the universality of human rights – betrayed." See also: Crimes of arrival: immigrants and asylum-seekers in the new Europe (12 pages, 1995, pdf). To order hard-copy see: Statewatch Publications

EU: Statewatch Report: Arming Big Brother: new research reveals the true costs of Europe's security-industrial complex by Ben Hayes (pdf, April 2006). The European Union is preparing to spend hundreds of million on new research into surveillance and control technologies, according to Arming Big Brother, a new report by the Transnational Institute (TNI) and Statewatch. Press release (English) Press release (Spanish, link) Copy of full report (English, pdf) Copy of full report (Spanish, pdf) Hard copies of Arming Big Brother can be obtained from: The Transnational Institute, please send an e-mail to: with your request.

Europe: A collection of "Essays in defence of civil liberties and democracy" was published in 2005

Global surveillance: Global coalition launch report and international surveillance campaign: Statewatch, with partner organisations the American Civil Liberties Union (ACLU), Focus on the Global South, Friends Committee (US) and the International Civil Liberties Monitoring Group (Canada) today publishes an in-depth report: "The emergence of a global infrastructure for registration and surveillance" (20 April, 2005).

Statewatch report: Journalism, civil liberties and the war on terrorism (full-report/request printed copy) - Special report by the International Federation of Journalists and Statewatch including an analysis of current policy developments as well as a survey of 20 selected countries in Africa, Asia, Europe, Latin Amercia, the Middle East and the USA (published World press freedom day, 1 May 2005)

Statewatch "Scoreboard" on EU counter-terrorism plans (pdf) agreed in the wake of the Madrid bombings. Our analysis shows that 27 out of the 57 EU proposals have little or nothing to do with tackling terrorism - they deal with crime in general and surveillance: Analysis in Spanish (March 2004)

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