News online - current lead stories      You can now follow us on and    Top 20 stories for full contents see: Statewatch News online or What's New: lists all items on the website. Resources for researchers: Statewatch Analyses: 1999-ongoing and Statewatch conference speeches NB: SEMDOC (Statewatch European Monitoring and Documentation Centre) website is back online ACTA: EU countries sign unpopular anti-counterfeit treaty (euobserver, link) ACTA PROTEST: Thousands march in Poland over Acta internet treaty (BBC News, link) "Thousands of protesters have taken to Poland's streets over the signing of an international treaty activists say amounts to internet censorship." and Poland: Netizens Protest Government's Plan to Sign ACTA Next Week (Global Voices, link). See also: If You Thought SOPA Was Bad, Just Wait Until You Meet ACTA (Forbes link with videos) EU: Informal Justice and Home Affairs Council 26-27 January, Copenhagen: Discussion papers: No 1: A common framework for genuine and practical solidarity towards Member States facing particular pressures due to mixed migration flows (pdf) - No 2: Family reunification in light of the Commission Green Paper: The right to family reunification is a matter of considerable importance in, especially (pdf) - No 3: Financing of PNR-systems (pdf) - No 4: Brussels I-Regulation: Access to Union courts in civil cases with third country defendants (pdf) No 5:   Criminal sanctions and the proposal for a directive on insider dealing and market manipulation (pdf) No 6: Transfer of sentenced persons and social rehabilitation (pdf) UK: Home Affairs Select Committee report: Rules governing enforced removals from the UK (pdf) See also: Dangerous deportation techniques may still be in use, MPs warn - Home affairs select committee finds evidence of dangerous restraint techniques, although UK Border Agency denies claim (Guardian, link) EU: DATA PROTECTION BODIES CRITICISE COMMISSION LAW ENFORCEMENT PROPOSALS: European Data Protection Supervisor (EDPS): Press release (pdf) welcomes the General Data protection proposals but says of proposed Directive on the exchange of personal data by law enforcement agencies: "the EDPS strongly regrets the inadequate content of the specific Directive on data protection in the area of police and justice. Peter Hustinx states: “The Commission has not lived up to its promises to ensure a robust system for police and justice. These are areas where the use of personal information inevitably has an enormous impact on the lives of private individuals. It is difficult to understand why the Commission has excluded this area from what it intended to do, namely proposing a comprehensive legislative framework.” and: "The EDPS regrets in particular that: the Commission does not propose stricter rules for the transfer of personal data outside the EU, data protection authorities are not given mandatory powers to effectively control the processing of personal data in this area and the possibilities for the police to access data processed in the private sector are not regulated." The Article 29 Working Party on data protection (national data protection bodies) takes a similar view: Press release (pdf): "Chairman Kohnstamm however regrets the Commission’s level of ambition in the area of police and justice and underlines the need for stronger provisions in this field." EU: NEW DATA PROTECTION PROPOSALS: European Commission: - Communication: Safeguarding Privacy in a Connected World A European Data Protection Framework for the 21st Century (pdf) - General Regulation replacing 1995 Directive: Proposal for a Regulation 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) (pdf) - New Directive on the exchange of personal data by law enforcement agencies: Proposal for a Directive 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 (pdf) - Report on infamous 2008 law enforcement Directive: Report from the Commission: based on Article 29 (2) of the Council Framework Decision of 27 November 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters (pdf). See: Statewatch: Observatory on data protection in police and judicial matters (2005-2008) and 2011 ongoing - Impact Assessment for both proposals: Commission Staff Working Paper: Impact Assessment: Accompanying the document Regulation 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) and 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 (pdf) - Annex to IA for both proposals: Annex (128 pages, pdf) EU pushes ahead with plans for greater law enforcement data access:At the meeting of the Working Party on Information Exchange and Data Protection on 11th January, a document from Europol outlining a "high level solution definition" for the Information Exchange Platform for Law Enforcement Agencies (IXP) was approved. This permits further work to be undertaken on the IXP, prior to its implementation in three phases, which will see progressively greater access to (and convergence and harmonisation of) law enforcement databases and computer systems across the EU. EU: European Digital Rights (EDRI): EU SURVEILLANCE: A summary of current EU surveillance and security measures (pdf). Excellent briefing. EU: FRONTEX: Programme of Work 2012 (pdf) EU: European Parliament: Minutes: Delegation of 24 November 2011, 25 November 2011 and 26 November 2011 Sicily, Italy (pdf), being discussed at the Civil Liberties Committee (LIBE) on 25 January 2012. EU: Eurospooks flourish as Euro flounders - UK may shun monetary cooperation but eager to promote security and intelligence links (Guardian's Defence and Security blog, link) Article by Richard Norton-Taylor: "Deep in the European undergrowth, Britain is engaged in discussions on a wide range of security issues with a potentially huge impact on civil rights and individual liberties. Measures designed to combat terrorism, crime, and protect the EU from "natural and man-made disasters", even "traffic accidents", are featured on the agendas of a myriad of committees of unaccountable officials. Their work is revealed in a series of classified EU documents, littered with acronyms, reflecting the large number of proposals designed to strengthen links between the national security and intelligence agencies of EU member states." The article cites the following documents: Draft working method for closer cooperation and coordination in the field of EU security (pdf) and Strengthening ties between CSDP and FSJ - Elements of a draft Road Map (from the European External Action Service, pdf) UK-EU: Statewatch Analysis: The Mother of all Opt-outs? The UK’s possible opt-out from prior third pillar measures in June 2014 (pdf) by Steve Peers, Professor of Law, University of Essex: "The Treaty of Lisbon offers the possibility that the UK can decide, as of 1 June 2014, to opt-out of all EU policing and criminal law measures adopted before the Treaty of Lisbon. Since this possibility is attracting discussion as the deadline date comes closer, this analysis looks in detail at the legal framework and practical implications of any UK decision to adopt such an opt-out.... the main practical impact of the block opt-out would be to end the UK's access to policing databases and other forms of exchange of police information, and to terminate the UK's involvement in some aspects of criminal law judicial cooperation, in particular the European Arrest Warrant and the transfer of prisoners." UP DATE: EU: CRIME STATISTICS: Measuring Crime in the EU: Statistics Action Plan 2011- 2015 (COM 713, pdf): See: EU Crime Survey including long list of questions: Proposal for a Regulation on European statistics on safety from crime (pdf) and EU Crime Survey: Proposal for a Regulation on European statistics on safety from crime - Summary table (pdf). Detailed discussion of the Council's position. EU: Commission still seeking proof of the necessity of mandatory data retention "An ongoing campaign by data protection authorities and civil society organisations has attempted to have the Data Retention Directive either severely amended or repealed altogether. However, it seems that the statement of Commissioner Malmström in a December 2010 speech to a consultation workshop on the Directive remains true: "data retention is here to stay". Moreover, judging from the tone of the Commission's note, it is likely to continue to prioritise the requirements of law enforcement authorities over the rights of individuals." See: Statewatch's Observatory (from 2004 and ongoing): The surveillance of telecommunications in the EU Council of Europe: The Consultative Committee of the Convention for the Protection if individuals with regard to automatic processing of personal data [ETS No. 108] (T-PD): Modernisation of Convention 108: new proposals (pdf) EU-USA PNR SCHEME: "the Working Party notes (modest) improvements in the draft agreement, but does not see its serious concerns removed" Article 29 Working Party on data protection: Letter to the Civil Liberties Committee of the European Parliament (pdf) EU: FISCAL CRISIS TREATY: Version 4: 19.1.12 - 16:00: Draft Treaty on stability, coordination and governance in the Economic and Monetary Union (pdf) UK-FRANCE: Children's Commissioner report: Landing in Dover: The immigration process undertaken by unaccompanied children arriving in Kent (pdf). See also: Child trafficking victims bounced back to France within hours of arrival in UK - Children's commissioner discovers trafficked minors were sent straight back under 'gentleman's agreement' with France (Guardian, link) EU: Statewatch's In the News Press reports from around the EU - 33 posts in January FRANCE: Court decision overturns government attempt to deny foreigners' access to lawyers in transit zones : On 30 November 2011, the NGO ANAFÉ (Association nationale d'assistance aux frontières pour les étrangers) was brought to court by the Ministry of Interior in an attempt to halt the provision of free legal counselling to foreigners held in transit zones at Roissy airport (Paris, France). A press release has been issued denouncing the Ministry's attempt "to conceal the obstacles preventing foreigners accessing their rights in transit zones". The judge decided, on 4 January 2012, that the Ministry's action was an impediment to ANAFÉ's work. UK: Kettling protesters is lawful, appeal court rules - Metropolitan police win appeal against high court ruling criticising violent tactics at the G20 protest in 2009 (Guardian, link) and see: Full text of the judgment (pdf) UK: BORDER CONTROLS: Home Affairs Select Committee report: UK Border Controls (78 pages, pdf) EU: Statewatch: Targeted issues: - Observatory: EU Internal Security Strategy - Observatory: Regulation on access to EU documents: 2008 - 2011 - Observatory: European Investigation Order - Observatory: EU-PNR (Passenger Name Record) - Observatory: UK: Government's Civil Liberties Programme - Observatory: EU-USA general agreement on data protection and the exchange of personal data - Observatory: European Security Research Programme (ESRP) - Observatory: The surveillance of telecommunications in the EU - Full contents of Statewatch News online with news, analysis and documentation - In the News carries links to news coverage from across the EU - What's New covers all new items on the website - Statewatch Sitemap Top reports and services 2004-2011 See: Resources for researchers: Statewatch Analyses: 1999-ongoing Free access to two unique resources on civil liberties in Europe: 1) The Statewatch database with 27,000+ articles on civil liberties in Europe. 2) SEMDOC website: Statewatch European Monitoring and Documentation Centre on EU Justice and Home Affairs policy. Download Press Release 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 Statewatch Analysis: Case Law Summary: EU access to documents Regulation (142 pages, small pdf). Prepared by Steve Peers Professor of Law, University of Essex: "The following summary sets out systematically the case law of the EU Courts (the Court of Justice and the lower court, the General Court – previously known as the Court of First Instance) concerning the EU’s access to documents regulation (Reg. 1049/2001)." UK: Statewatch analysis: Six months on: An update on the UK coalition government’s commitment to civil liberties (pdf) by Max Rowlands Statewatch publishes a follow-up to its June 2010 analysis of the coalition government's commitment to civil liberties: Within weeks of its formation in May 2010, the coalition government announced with much fanfare its intention “to restore the rights of individuals in the face of encroaching state power.” An easy victory over Labour’s politically bankrupt National Identity Scheme followed, but since then the government’s approach has been characterised by caution and pragmatism rather than an unerring commitment to liberty. EU: Major report from Statewatch and the Transnational Institute: NeoConOpticon - The EU Security-Industrial Complex by Ben Hayes (pdf): 211,180 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. The proposals set out by the shadowy "Future Group" set up by the Council of the European Union include a range of highly controversial measures including new technologies of surveillance, enhanced cooperation with the United States and harnessing the "digital tsunami". 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." This major new report The Shape of Things to come (60 pages) examines the proposals of the Future Group and their effect on civil liberties. It shows how European governments and EU policy-makers are pursuing unfettered powers to access and gather masses of personal data on the everyday life of everyone – on the grounds that we can all be safe and secure from perceived “threats”. The Statewatch report calls for a “meaningful and wide-ranging debate” before it is “too late” for privacy and civil liberties. See also ongoing: Statewatch Observatory: The Stockhom Programme See: Tony Bunyan's column in the Guardian: View from the EU UK: Statewatch Analysis: Rolling back the authoritarian state? An analysis of the coalition government’s commitment to civil liberties (pdf) by Max Rowlands Statewatch analysis: Intensive surveillance of “violent radicalisation” extended to embrace suspected “radicals” from across the political spectrum: Targets include: “Extreme right/left, Islamist, nationalist, anti-globalisation etc” (pdf) by Tony Bunyan. EU: Statewatch Analysis: The proposed European Investigation Order: Assault on human rights and national sovereignty (pdf) by Steve Peers, Professor of Law, University of Essex: "the combined abolition of dual criminality and territoriality requirements represents both a fundamental threat to the rule of law in criminal law matters – which is required by Article 7 ECHR (legal certainty of criminal offences) and Article 8 ECHR in this field (invasions of privacy must be in accordance with the law) – and an attack on the national sovereignty of Member States, which would in effect lose their power to define what acts are in fact criminal if committed on the territory of their State." European Commission: Stockholm Programme: Statewatch Analysis: Action Plan on the Stockholm Programme: A bit more freedom and justice and a lot more security (pdf) by Tony Bunyan Statewatch Analysis: The right to protest: “Troublemakers” and “travelling violent offenders [undefined] to be recorded on database and targeted by Tony Bunyan: "Since the onset of the EU’s response to the “war on terrorism” the prime targets have been Muslim and migrant communities together with refugees and asylum-seekers. Now there is an emerging picture across the EU that demonstrations and the democratic right to protest are among the next to be targeted to enforce “internal security”. Statewatch Analysis: EU proposals to increase the financial transparency of charities and non-profit organisations by Ben Hayes: "The Financial Action Task Force (FATF) has strongly promoted the thesis that terrorist organisations use laundered money for their activities, and that charities are a potential conduit for terrorist organisations." Statewatch publication: Border wars and asylum crimes by Frances Webber (38 pages, pdf - 4.685 copies downloaded: "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: The dream of total data collection by Heiner Busch. Status quo and future plans for EU information systems Terrorist lists" still above the law by Ben Hayes EU: Secret trilogues and the democratic deficit by Tony Bunyan EU: Returns Directive: "Against the Outrageous Directive" speech given by Yasha Maccanico in EP Cementing the European state by Tony Bunyan, New emphasis on internal security and operational cooperation at EU level EU-SIS Schengen Infornation System Article 99 report by Ben Hayes Policing protests in Switzerland, Italy and Germany The surveillance of travel in the EU where everyone is a suspect by Tony Bunyan 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: wilbert@tni.org with your request. EU: "Unaccountable Europe" by Tony Bunyan (Statewatch editor) in Special issue of Index on Censorship: "Big Brother Goes Global" (December 2005) Europe: Launch of the European Civil Liberties Network (link) - The ECLN was launched on 19 October 2005 as a long-term project to develop a platform for groups working on civil liberties issues across Europe. A collection of "Essays in defence of civil liberties and democracy" was published to mark the launch the ECLN 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 analysis: The exceptional and draconian become the norm - G8 and EU counter-terrorism plans (updated 26 March 2005 pdf) 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) The road to "1984" Part II: Everyone in the EU will have to have their fingerprints taken to get a passport (February 2004) The Statewatch website Since its launch this website has had 11,433,884, user sessions and 59,466,620 "hits" (December 2011) In the year 2010 there were 2,070,595 user sessions, with 11,306,982 "hits" (including 4,586,204 pdf/document files downloaded) Join Statewatch regular e-mail list for new stories: Join Statewatch news e-mail list Statewatch is registered under the Data Protection Act. 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