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EU: DEVICE FINGERPRINTING: Article 29 Working Party on data protection:
9/2014 on the application of Directive 2002/58/EC to device fingerprinting (pdf) The A29WP report
asks whether using ways other than cookies to uniquely identify
web users for the purposes of tracking comes
within the scope of the e-privacy Directive - the short answer:
yes, if such 'device fingerprinting' is used for the purposes
code to enable advertising services. This results in a number
of requests for information elements from the user's device.
The requests are transmitted to the third-parties providing the
advertising services, and allow them to generate a device fingerprint
to follow users across websites and over time, and create an
interest profile for targeted advertising, even if the user declines
cookies. Such processing can technically be undertaken in a covert
manner without the knowledge of the user..... device fingerprinting
for the purpose of targeted advertising requires the consent
of the user."
IRR News Service: Home
Office contractors expected to lie, inspection reveals (link): "Phil
Miller of Corporate Watch examines a recent report from the
prison inspectorate on charter deportations from the UK",
penalties and the right to housing (link): "Forcing private
landlords to police undocumented migrants will exacerbate inequality
and deflect blame for the housing shortage"
EU: Council of the European Union: Foreign
Fighters and returnees: Implementation of the measures decided
by the JHA Council on 9-10 October 2014 (EU doc no: 16002-14, pdf)
Check out: Statewatch:
In the News Digest: Round-up of news stories from around the EU:
UK: NEW POWER IN COUNTER TERRORISM BILL TO GATHER IP ADDRESSES
IS NOT LIMITED TO TERRORISM, IT WILL COVER ALL CRIME: Counter-Terrorism
and Security: Counter-Terrorism
and Security Bill - Full-text (pdf) The Bill amends the Data
Retention and Investigatory Powers Act (DRIPA 2014) which in turn amended RIPA
This means that although the Foreword refers to "terrorism"
there is no such limitation in the text of the Bill. The new
power in Clause 17 for the retention of IP addresses (covering
internet usage and VOIP) is not limited to combating terrorism
as DRIPA 2014 and RIPA 2000 cover all crime. This is confirmed
by the Impact Assessment on:
Address Resolution (pdf) which makes it crystal clear that this new
power will cover all cime, not just terrorism.
See also: Explanatory
Memorandum to the Bill (pdf) and: Impact Assessments on: Passport
Prevention and Investigation Measures (pdf), Temporary
Exclusion Orders (pdf), Border
(pdf), Prevent (pdf), Kidnap
(pdf) and Privacy
and Civil Liberties Board (pdf)
Austria and Italy launch "trilateral controls" to deal
with "the increasing numbers of refugees"
On 13 November the German Interior
Ministry announced the start of what it calls "trilateral
patrolling" - police patrols in border regions involving
officers from Germany, Austria and Italy. Controls, primarily
focused on trains, will be "significantly boosted"
by the operation. Thomas de Maizière, German's Federal
Interior Minister, said: "Stronger action against illegal
migration is urgently required in view of the increasing numbers
of refugees." The new measures have been advertised as "trilateral"
in nature. However, it seems that the controls will mostly take
place on Italian territory.
EU: NSA-GCHQ: SURVEILLANCE: Secret
Malware in European Union Attack Linked to U.S. and British Intelligence (Intercept, link): "Complex
malware known as Regin is the suspected technology behind sophisticated
cyberattacks conducted by U.S. and British intelligence agencies
on the European Union and a Belgian telecommunications company,
according to security industry sources and technical analysis
conducted by The Intercept."
repressive laws that also concern Europe (pdf), French (pdf) and Spanish (pdf): "On 17
October, Members of Parliament from the Peoples Party,
party in government in Spain, have adopted the draft Organic
Law on the Protection of Citizens Security and have rejected
all the amendments presented by the various opposition parties...
The Organic Law on the Protection of Citizens Security
provides for the introduction of 21 new offences and severe penalties
for actions linked to social protest, and increases the discretionary
power of the police to implement measures such as the identification
of persons, body search, the possibility to enter in private
homes and to record data, or the limitation of the freedom of
movement. Moreover, the power of security forces would be strengthened
as taking photographs of police actions during demonstrations
would be sanctioned... The bill has been launched by the Peoples
Party with the obvious aim to fight mobilisation against policies
of economic austerity and their consequences on rights."
See also: European
Parliament Press release: Debates on EU approach
to migration and the expulsion of migrants from Spain (pdf): "MEPs
discussed planned changes to Spanish law which would enable the
country to expel clandestine migrants caught entering its North
African enclaves Ceuta and Melilla without providing legal or
procedural safeguards for them. Most speakers questioned whether
these hot returns are consistent with EU law and
values and asked whether the Commission is planning to take any
action to address the practice."
EU: RIGHT TO BE FORGOTTEN: EU regulators want
right-to-be forgotten to go global (euobserver, link) and see: Article
29 Data Protection Working Party: Statement (pdf)
Council of the European Union: Proposal
for a Regulation of the European Parliament and of the Council
amending Regulation (EU) No 604/2013 as regards determining the
Member State responsible for examining the application for international
protection of unaccompanied minors with no family member, sibling
or relative legally present in a Member State (LIMITE doc no: 15567-14,
Rigby murder: Facebook could have picked up killers message
- report - Intelligence committee chair calls Facebook a safe
haven for terrorists but rights groups warn of creeping
state surveillance (Guardian, link): "Isabella Sankey, director
of policy for the civil rights group Liberty, said: The
ISC shamefully spins the facts seeking to blame the communications
companies for not doing the agencies work for them.
See Report from the Intelligence and Security Committee:
on the intelligence relating to the murder of Fusilier Lee Rigby (pdf)
Why its dangerous to blame internet
firms for Lee Rigbys murder - Outrageous claims by the
intelligence and security committee threaten goodwill that exists
among internet firms and UK police (Guardian, link): "if US companies
are not prepared to hand over their customers data by the
front door, the British government in the shape of GCHQ, are
quite prepared to grab it by the back door."
funds airline data-sharing despite legal concerns (euobserver, link):
"The European Commission has awarded 50 million
to member states to set up airline passenger data sharing systems,
despite an upcoming EU Court analysis on the probity of similar
schemes." and Travel
surveillance: PNR by the back door.(Statewatch News Online).
HUNGARY: Report: Disrespect
for European Values in Hungary 2010-2014 (pdf): "Hungarian
NGOs have prepared a report about the (dis)respect of European
Union values (as enshrined in the EU treaties) in Hungary in
recent years. The report is an easy to follow, concise summary
of the legal analysis carried out in several earlier reports.
The report was prepared by 4 Hungarian human rights NGOs and
supported by 18 other NGOs in Hungary, including the Hungarian
LGBT Alliance, Háttér Society and Budapest Pride"
The European Parliament has just voted, Tuesday 25 November,
to refer the EU-CANADA PNR agreement to the Court of European
Justice (CJEU).See Press release: MEPs refer EU-Canada
air passenger data deal to the EU Court of Justice (pdf):
EU-Canada agreement on the transfer of Passenger Name Records
(PNR) should be referred to the European Court of Justice (ECJ)
for an opinion on whether it is in line with the EU treaties
and Charter of Fundamental Rights, MEPs said in a vote on Tuesday.
This is the first time that Parliament has asked that a PNR agreement
be given a preliminary check by the Court before the final vote
on the deal.
was approved by 383 votes to 271, with 47 abstentions. Before
voting on the resolution, MEPs rejected a proposal to postpone
it by 307 votes in favour, 380 against and 14 abstentions."
Motion for a Resolution pursuant to Rule 108(6) of the Rules
of Procedure on seeking an opinion from the Court of Justice
on the compatibility with the Treaties of the Agreement between
Canada and the European Union on the transfer and processing
of Passenger Name Record data (pdf)
bill requires universities to ban extremist speakers - Home Secretary
Theresa May says Britain is facing struggle that will go
on for many years (Guardian, link): "Theresa May announced
that the legislation would also place a statutory duty on schools,
colleges, prisons and local councils to help prevent people from
being drawn into terrorism." See: Speech in full: Home
Secretary Theresa May on counter-terrorism (pdf)
GCHQ: SURVEILLANCE: Snowden-Leaks:
How Vodafone-Subsidiary Cable & Wireless Aided GCHQs
Spying Efforts (SZ International, link) With set of documents.
EU: LEAs personal data exchange between Member States: Council
of the European Union: 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 I, II and V (LIMITE doc no: 15659-rev1-14,
71 pages, pdf): Major revisions to the Council's negotiating
position.with 264 Member State reservations and comments. Including
trying to define what role the police and their specialist units
play in "internal security" which is the province of
internal security and intelligence agencies::
Directive lays down the rules relating to the protection of individuals
with regard to the processing of personal data by competent (
authorities for the purposes of the prevention, investigation,
detection or prosecution of criminal offences or the execution
of criminal penalties as well as by the police or other law-enforcement
services for the purposes of maintaining law and order and the
safeguarding of internal security." (14105/14).[emphasis in original]
on board the above-mentioned German suggestion, with the need
to better clarify what the wording "law and order"
is meant to include/exclude and in particular, as far as the
concept of "internal security" is concerned, in order
to avoid overlapping with tasks assigned to intelligence services
in order to protect the security of the State from internal threats."
See: Resources for researchers:
Statewatch Analyses: 1999-ongoing
stock of EU Counter-terrorism policy and review mechanisms: Summary
of Statewatchs findings for SECILE project (pdf)
of EU Counter-Terrorism Measures Adopted since 11 September 2001 (pdf) by Ben Hayes &
on how the EU assesses the impact, legitimacy and effectiveness
of its counterterrorism laws (pdf) by Ben Hayes & Chris Jones
Retention in Europe: A Case Study (pdf) by Chris Jones & Ben Hayes
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."
20th Anniversary Conference, June 2011: Statewatch
TNI - 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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