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February 2012
UK: PUBLIC ORDER: Association of Chief Police Officers, Association
of Chief Police Officers in Scotland and National Policing Improvement
Agency: Manual
of Guidance on keeping the peace (pdf) and Ministry of Justice: Prisons:
Use
of force training manual (pdf)
UK: COVERT SURVEILLANCE: Her Majesty's Inspector of Constabulary:
Report: A
review of national police units which provide intelligence on
criminality associated with protest (pdf) See also: Police
spies: watchdog calls for safeguards over 'intrusive tactic'
- Inspector criticises 'intrusion' into activists' lives by undercover
officer Mark Kennedy (Guardian, link): "A clandestine operation
that secretly deployed police spies in political groups for 40
years is severely criticised today by the official policing inspectorate"
but says it should carry on.
Police
frequently uses Silent SMS to locate suspects (EDRI, link). See also:
SurveillanceGetting
the Message? Police Track Phones with Silent SMS (OWNI.EU, link)
CANADA:
Saying
No to CSIS: Dozens of groups launch campaign to not co-operate
with Canadian spy agency (The Dominion, link)
GERMANY: Parliamentary
scrutiny unveils undercover "secret police networks"
After the revelation in 2010 of
the existence of a European Cooperation Group on Undercover Activities
(ECG), a parliamentary request to the German government on 25
January 2012 has exposed the existence of an International Working
Group on Police Undercover Activities (IWG). The group has been
active since at least 2007.
UPDATE: Council of the European Union: Proposal
for a Directive on the conditions of entry and residence of third-country
nationals for the purposes of seasonal employment
(pdf):
Council Presidency proposals, 1 February 2012. See also below
EU: Council of the European Union: State of Play: Reception
conditions, Seasonal workers and Schengen Border Code amendments:
- Amended
proposal for a Directive of the European Parliament and of the
Council laying down standards for the reception of asylum seekers
(Recast)
(pdf): Still over 120 Member State reservations/objections
- As above: earlier Presidency proposals (pdf)
- Proposal for a Directive on the conditions of entry and residence of third-country nationals for the purposes of seasonal employment (pdf): Still over 110 Member State reservations/objections
- As above: earlier Presidency proposals (pdf)
Italy: Rome
city council warns evicted gipsies/Roma: "Accept relocation
or we may have to take your children"
Journalist Paolo Brogi posted a
document on his blog on 29 November 2011 that is indicative of
how activities are being enacted in Rome in the framework of
the Roma "emergency", which has included large-scale
evictions and relocation in isolated settlements that are distant
from the city centre.
EU: READMISSION AGREEMENTS: Council of the European Union: Operationalising
the Council Conclusions of 9 – 10 June 2011 defining the
European Union Strategy on Readmission (pdf). The Council is aiming for: "a
coherent return policy which should be embedded in the overall
external relations policy of the European Union" which
will lead to: "new, more efficient and flexible standard
negotiation directives for the conclusion of readmission agreements
between the Union and third countries."
The EU faces two problems: the "lack of real political will" on the part of third countries and "so-called"third country clauses"" (concerning the state in question being only a country of transit). Based on the Council Conclusions the Council Presidency is proposing that readmission agreements should be "linked" to agreements in "other policy areas" and the conclusion of these agreement should be: "made conditional on the willingness of the third country to also conclude a readmission agreement with the European Union and might in this way serve as a powerful incentive.." In the past the Council Council has used the "carrot and stick" approach, now it seems to be heading for using the "stick".
All readmission agreements have to ensure fundamental rights and human rights standards regarding returned people, however, this documents admits what many have long known namely that: "Currently there is no assessment of whether provisions on the monitoring of the human rights situation of readmitted persons can be implemented in practice"
EU-USA-PNR: Draft report to the European Parliament's Civil Liberties
Committee (LIBE): Draft
report
(pdf) and Comparative
chart of the key provisions in the 2004, 2007 and 2011 agreements (pdf): The EU US PNR
Agreement Draft report will be presented in the LIBE Committee
meeting of 27 February 2012 by rapporteur Sophie In 't Veld MEP
who will recommend the European Parliament to withhold its consent.
And see: Official
Assails Sharing of Passenger Data (New York Times, link)
See also Statewatch's: Observatory on the exchange of data on passengers (PNR) with USA
UNHCR: Deaths in the Mediterranean: Mediterranean
takes record as most deadly stretch of water for refugees and
migrants in 2011 (pdf)
January 2012
EU FISCAL TREATY: Version
6 - Final
(31.1.12, pdf) Version
5
(27.1.12, pdf)
EU
Commission propaganda on ACTA (FFII ACTA blog, link)
EU-HUNGARY: The
decline of democracy, the rise of dictatorship (Hungarian Spectrum,
link): "The undersigned, participants of the erstwhile
human rights and democracy movement that opposed the one-party
communist regime in the 1970s and 1980s, believe that the Hungarian
society is not only the victim of the current economic crisis,
but also the victim of its own government. The present government
has snatched the democratic political tools from the hands of
those who could use these tools to ameliorate their predicament.
While chanting empty patriotic slogans, the government behaves
in a most unpatriotic way by reducing its citizens to inactivity
and impotence."
UN:
Arms Trade Treaty May Bypass Anti-Riot Weapons (IPS,
link)
UK: Satellite
tracking could monitor offenders around the clock (Daily
Telegraph, link)
EU: DATA PROTECTION: EDPS general
survey shows that EU institutions and bodies have different levels
of data protection compliance (Press release, pdf) and Survey
results
(pdf):
"Peter Hustinx, EDPS, states: "I am concerned that
not all EU institutions and bodies are performing as well as
they should. Implementation of data protection principles is
not only a matter of time and resources, but also of organisational
will. Ensuring compliance is a process that requires the commitment
and support of the hierarchy in all institutions and bodies."
Greece
vexed by German demand for 'budget commissioner' (euobserver, link)
EU: Council of the European Union: Informal Justice and Home
Affairs Council, Copenhagen: Press release (pdf). See discussion
papers below.
UK
riots: paratroopers are trained in riot control (Daily Telegraph, link)
British troops are being trained in riot control tactics amid
fears that violence and looting will return to Britain's streets
this summer.
ACTA-EP: European
Parliament rapporteur quits in Acta protest (BBC News, link): "Negotiations
over a controversial anti-piracy agreement have been described
as a "masquerade" by a key Euro MP. Kader Arif, the
European Parliament's rapporteur for the Anti-Counterfeiting
Trade Agreement (Acta), resigned over the issue on Friday. He
said he had witnessed "never-before-seen manoeuvres"
by officials preparing the treaty. On Thursday, 22 EU member
states including the UK signed the agreement. The treaty still
needs to be ratified by the European Parliament before it can
be enacted. A debate is scheduled to take place in June.
10
reasons the U.S. is no longer the land of the free (Washington Post, link)
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 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)
GERMANY: Berlin
police hooked on mobile phones (presseurop, link): "Since
2008, the Berlin police has collected data on 4.2 million mobile
phone connections"
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)
Danish
National Court rules mass arrest to be illegal! (Climate Collective, link)
SPAIN: Trials
of Judge Garzón Called Scandalous by Rights Groups
(IPS, link): "Another trial opened Tuesday with Spain's
best-known judge, Baltasar Garzón, in the dock for attempting
to investigate crimes against humanity committed during the 36-year
dictatorship of Francisco Franco"
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)
Swiss
Plan to Gag Refugees
(IPS, link): "Only two years after its last revision,
the Swiss Asylum Act is about to be 'reformed' again. The changes
include a gag order on political activism for asylum-seekers
and a modification of the concept of a refugee."
Europe's
Conservatives Fail to Criticize Hungary (Speigel Online, link): "Many European
politicians feel that democracy is in acute danger in Hungary,
where Viktor Orbán's government has pushed through a series
of controversial laws. But the European People's Party, to which
Orbán's Fidesz party belongs, doesn't want to take action
against its Hungarian colleagues."
Unrest
Spreads Eastwards
(IPS, link): "Protests in Hungary and Romania are the
first signs of anti-systemic mobilisation in the Eastern half
of the continent. While protests in both countries indicate dissatisfaction
with their governments’ authoritarian turn, their origins
differ, as does the European Union’s reaction to them."
UK: Nicolas
Bratza: Britain should be defending European justice, not attacking
it (Independent, link): Sir Nicolas Bratza is President
of the European Court of Human Rights
ITALY: Conciatori
eviction: crackdown on the commons continues (Roarmag,
link): "The eviction of the oldest social center in Florence
this morning is yet another instance of a worldwide crackdown
on public space and civil liberties."
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
becoming less tolerant, NGO says (euobserver, link): "Racist
mobs in Greece and Hungary, mistreatment of Roma, Arab migrants
and Muslim terrorist suspects and a feeble reaction by EU institutions
point to a worrying right-wing shift inside the European Union,
according to US-based NGO Human Rights Watch." See: HRW
report (link)
Concern
Over Attacks on Reporters in Romania (Balkan Insight, link)
UK: Undercover
police had children with activists - Disclosure likely to intensify
controversy over long-running police operation to infiltrate
and sabotage protest groups (Guardian, link)
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
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
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: VICTIMS
RIGHTS: Council of the European Union: Developing Council position
prior to entering 1st reading discussions: Proposal
for a Directive of the European Parliament and of the Council
establishing minimum standards on the rights, support and protection
of victims of crime - General approach (18691/11, pdf) and earlier version
with Member State's positions: 17714/11 (pdf)
Norway
security chief quits in Pakistan agents row (Alertnet, link)
Immigration
update: Finland issues biometric identity cards (Relocate, link)
Greek
protesters take to Athens streets as creditors arrive for debt
talks
(Guardian, link)
ITALY: Strikes,
Protests Paralyze Sicily (The Epoch Times, link)
UK: Biometric
chaos at new prison (Daily Telegraph, link): "The first new
public prison in two decades comes to a standstill on a daily
basis because of failings in a new biometric monitoring system"
EU-HUNGARY: European Commission: European
Commission launches accelerated infringement proceedings against
Hungary over the
independence of its central bank and data protection authorities
as well as over measures affecting the judiciary (Press release, pdf).
See also: EU
commission starts legal action against Hungary (euobserver, link)
UK: PARLIAMENTARY REPORT ON JOINT ENTERPRISE: Joint Human Rights
Committee: Joint
Enterprise: Volume I: Report, together with formal minutes, oral
and written evidence (pdf) and Additional
evidence: volume 2 (pdf). See also: MPs call
for new gang murder law (BBC News, link)
Debate
swirls as Paris embraces video surveillance (France24, link)
EU: European Commission: Civil Protection:
- Proposal
for a Decision of the European Parliament and of the Council
on a Union Civil Protection Mechanism (COM 934-11, pdf)
- Commission
Staff Working Paper: Executive Summary if the Impact Assessment:
Accompanying the document: Decision of the European Parliament
and of the Council on a Union Civil Protection Mechanism (SEC 1630-11, pdf)
- Commission
Staff Working Paper: Impact Assessment - 2011 review of the Civil
Protection regulatory framework: Accompanying the document: Decision
of the European Parliament and the Council: on a Union Civil
Protection Mechanism and on establishing a Civil Protection Financial
Instrument for the period 2014-2020 (SEC 1632-11, pdf)
EU: Council of the European Union: Council developing its negotiating
position: Amended
proposal for a Directive of the European Parliament and of the
Council on common procedures for granting and withdrawing international
protection status (Recast) (166 Pages, pdf)
EU: Report of the European Parliament's Civil Liberties Committee(LIBE)
on: Summary
record of the meeting of the European Parliament Committee on
Civil Liberties, Justice and Home Affairs (LIBE), held in Brussels
on 12 January 2012 (pdf) Includes interesting comments by MEPs on
the European Investigation Order in criminal matters.
EU: Amnesty International: Letter to Commissioners Reding and
Kroes: Hungary:
Serious concerns over human rights impact of constitution and
media laws
(pdf)
EU: European Commission: Communication:
First Annual Report on the implementation of the EU Internal
Security Strategy (COM 790-11, pdf)
EU: REGULATION ON ACCESS TO EU DOCUMENTS: Report on debate in
the European Parliament: Proposal
for a Regulation regarding public access to European Parliament,
Council and Commission documents (recast) - Outcome of the European
Parliament's first reading (Strasbourg, 12 to 15 December 2011) (pdf)
SWITZERLAND: Nestlégate:
Nestlé in court for surveillance of ATTAC (Multiwatch, link)
Rioting
in the UK and France: driving factors (France 24, link)
Hungary's
media crackdown slips off EU radar (euobserver, link)
EU: MANDATORY DATA RETENTION DIRECTIVE: European Commission Consultation
concludes: "all Member States - not just a minority –
need to provide convincing evidence of the value of data retention
for security and criminal justice":
"there are serious shortcomings with the EU framework – including retention periods, clarity of purpose limitation and scope, lack of reimbursement of cost to industry, safeguards for access and use - which must be addressed. In particular, all Member States - not just a minority – need to provide convincing evidence of the value of data retention for security and criminal justice."
See: Consultation on reform of Data Retention Directive: emerging themes and next steps (pdf)
EU: COUNTER-TERRORISM COMES TO SPORT: Council of the European
Union: Annex
to the Handbook for police and security authorities concerning
cooperation at major events with an international dimension (pdf) adopted at the
Justice and Home Affairs Council, 13-14 December 2011.This Annex
is added to: Council
Recommendation of 6 December 2007 concerning a Handbook for police
and security authorities concerning cooperation at major events
with an international dimension (pdf). The Annex embraces:"all
participants of such events – sportsmen, spectators, organisers
and bystanders" and include some classic statements:
"a terrorist attack is a specific kind of disturbances of public order and thus requires to a large extent different counter-measures than those regarding non-terrorist unlawful acts." and the main traits of sports events is that:
"sports fans who can be under the influence of alcohol or drugs, prone to disturb public order by clashes with fans of opposite teams or to commit other unlawful acts. In such an environment it is relatively easy for a range of extremists or terrorists to blend into the crowd and conduct an attack" and intelligence should be gathered on "groups of radically-oriented individuals pretending to be sports fans" [emphasis added]
One of the counter-measures should be "not to have a large amount of uniformed security staff" but rather: "staff wearing civilian clothes".
European
Union and Hungary: towards a new “Haider” case? (EU ASFJ, link)
Encryption
and globalisation (63 page article, link)
UK: Civilian
snooping army doubles in four years (Daily Telegraph, link) "An
army of official "snoopers" is being created after
the number of civilians handed police-style powers almost doubled
in the past four years, The Daily Telegraph can disclose."
Spain and France: The ongoing
disgrace of detention centres
"Two reports on detention
centres have been published in Spain and France that highlight
a situation in which foreigners are experiencing conditions that
are often worse than those in prisons as a result of administrative
offences (irregular residence) and an aim to maximise the rates
of detention and returns. This has led to large-scale violations
of human rights and to policies that reduce judicial oversight
and the possibility of detained foreigners to effectively exercise
their rights through judicial proceedings and access to effective
remedies."
SWEDEN: Family
believes Swedish police abused Turkish immigrant before death (Today's Zaman, link)
EU: Statewatch Analysis: A proposal
for an EU Immigration Code (64 pages, pdf) by Steve Peers, Professor
of Law, University of Essex: Under the Stockholm Programme the
EU is committed to the "“consolidation of all legislation
in the area of immigration...to “ensure fair treatment of
third country nationals who reside legally on the territory of
[the EU’s] Member States”. This substantive text
of a Draft Code seeks to contribute to the debate:
"Since the existing EU immigration law has often (rightly) been criticised for setting low standards on these issues, the adoption of an immigration Code will be an important opportunity to improve the substance and coherence of that existing law, in order to ensure that it is fair, understandable and transparent....
this Statewatch analysis proposes a complete text of a draft Code [and] is intended as a contribution to the debate about the future proposal for a Code, which aims to raise the substantive standards and improve the procedural rights of legal immigrants, while also making the law simpler and more consistent."
EU: USA INTERVENES IN THE REVISION OF THE DATA PROTECTION DIRECTIVE:
The following Note by the USA was sent to the European Commission
listing its opposition to key clauses in the draft revision of
the Data Protection Directive: Informal Note on Draft
EU General Data Proection Regulation (December 2011) (pdf) This was accompanied
by a lobbying campaign at the stage of Inter-service consultation
within the Commission. It is therefore no surprise to learn that:
EU
Commission Postpones Publication of Proposal for Revised Data
Protection Directive (Privacy and Information Security Law blog, link).
See also: EDRI comments: US lobbying against draft Data
Protection Regulation (link)
The complete the Draft package of three proposals out for Inter-service consultation within the Commission:
DATA PROTECTION AND LAW ENFORCEMENT AGENCIES: European Commission draft out for Inter-service consultation: 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 crime (pdf). See also: Council Framework Decision on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters (pdf) the highly criticised measure which covers the exchange of personal data between EU Member States law enforcement agencies. See Statewatch's Observatory on data protection in police and judicial matters (2005-2008) and 2011 ongoing
Communication Communication: Safeguarding Privacy in a Connected World A European Data Protection Framework for the 21st Century (pdf)
FRANCE: Fingerprints
and transmission of data: biometrics to protect identity?
UK:TORTURE: Police
to investigate MI6 over rendition and torture of Libyans - Criminal
inquiry announced as DPP says there is not enough evidence to
prosecute agents over Pakistan and Afghanistan allegations (Guardian, link)
UK
funds new UCAS research effort (flightglobal, link): “BAE Systems
and the UK's Defence Science & Technology Laboratory are
to work together on technology requirements for a future class
of unmanned combat air systems, under the terms of a new research
effort funded by the nation's Ministry of Defence”
EU: ARMS EXPORTS: Official
EU report on arms exports too late and incomplete (Centre d’Estudis
per la Pau J.M. Delàs (Study Centre for Peace J.M. Delàs),
link) and see: Thirteenth
annual report according to Article 8(2) of Council Common Position
2008/944/CFSP defining common rules governing control of exports
of military technology and equipment (link)
EU: European Parliament: Leading
MEP voices concern over draft EU criminal law (Parliament.com, link)
EU: European Data Protection Supervisor: EDPS
Inventory 2012 of legislative consultations: a challenging year
ahead for data protection in the EU (Press release, pdf) and Inventory (pdf)
CANADA: The
total surveillance society approaches (Ottawa Citizen,
link): "We will soon reach the point where governments
will have the capacity, should they wish it, to monitor, record,
and permanently archive the communications and activities of
their citizens from birth to death. That’s the sobering
message of a new Brookings Institution report by John Villasenor,
an engineering professor at the University of California, Los
Angeles. “Within the next few years,” he writes, “it
will be technically possible and financially feasible for authoritarian
governments to record nearly everything that is said or done
within their borders - every phone conversation, electronic message,
social media interaction, the movements of nearly every person
and vehicle, and video from every street corner.”"
See: Recording
Everything: Digital Storage as an Enabler of Authoritarian Governments
by John Villasenor (pdf, link)
UPDATED: EU-HUNGARY: European Commission: UPDATED: EU-HUNGARY:
European Commission: Statement
of the European Commission on the situation in Hungary on 11
January 2012
(pdf)
Background: Letter from Commissioner Reding to Hungarian Prime Minister (pdf) and Detailed Annex to the letter (pdf): "I need to bring to your urgent attention a number of legal issues that arise under new measures that the Hungarian authorities are currently taking under the new Hungarian Constitution." The issues are: 1. Retirement age for judges; 2. President of the new National Judicial Office; 3. The transformation of the Hungarian Supreme Court into Curia and 4. The Data Protection Supervisor.
Reply from Hungarian Deputy Prime Minister (pdf) plus Annex (pdf) and Letter from Foreign Ministry (pdf). See also: European Parliament: ALDE calls on Commission to apply fundamental rights check to Hungary (link) and Danish MPs warn of Hungary ‘core value crisis’ (euractiv, link)
UK:
Westminster
Council proposes banning "tents and similar structures"
and "noise equipment" in crackdown on political protest
London's Westminster Council is currently running a consultation
on proposed new byelaws that seek to prohibit long-term or noisy
political protests. If made law, the draft provisions would ban the
erection or keeping of tents "or similar structures",
whether for sleeping in or not, as well as permitting "constables
and authorised officers" to seize "noise equipment"
being used to cause "annoyance".
EU: EURO: Draft
Agreement dated 10 January 2012 and Draft
Agreement from the Danish Council Presidency (5 January 2012, pdf).
See also Statewatch Analysis of previous: Draft
Agreement on Reinforced Economic Union (REU Treaty) (pdf) by Steve Peers,
Professor of Law, University of Essex
GERMANY: Paybacks
are hell: Parental spying prompts infiltration of German police
system (Naked Security, link): "“The Patras
system is used by the police to track suspects using so-called
"silent" SMSs and GPS tracking devices planted on automobiles.
It appears that a senior policeman from Frankfurt am Main installed
spyware onto his daughter's computer to keep an eye on her online
activities”
EU-NORTH AFRICA: Statewatch Analysis: The
EU’s self-interested response to unrest in north Africa:
the meaning of treaties and readmission agreements between Italy
and north African states (pdf) by Yasha Maccanico:
"The Italian government and the EU are attempting to urgently re-establish readmission agreements with new regimes in Egypt, Tunisia and Libya with scant regard for the wellbeing of refugees and asylum seekers. A ‘state of emergency’ has been declared in Italy which has allowed the government to derogate from certain laws and fast-track the application process."
EU-ARAB SPRING: Statewatch Analysis: The
Arab Spring and the death toll in the Mediterranean: the true
face of Fortress Europe (pdf) by Marie Martin:
"Throughout the uprisings in North Africa, the EU has maintained a discourse of double standards: supporting calls for freedom and democracy but greeting resulting population displacement with hostility. This has contributed to a record number of people dying at Europe’s borders during the first seven months of 2011."
UK: GUNNING
FOR GOLD: Olympic rings of steel as UK prepares for military
lockdown (Schnews, link)
HUNGARY: Curtain
comes down on liberal Hungary (Independent, link)
UK: Spy
watchdog seeks curbs on UK court access to intelligence material
(Bureau of Investigative Journalism, link)
HUNGARY: Hungarian
Government Failed to Explain Undemocratic Measures and Letter
to Commission
(link) and Liberals:
Use EU Article 7 on Hungary (Politiken.de, link)
CZECH REPUBLIC: Court
rules against investigators accessing telecommunications data
(Prague
Daily Monitor, link): "Czech investigators will not have
access to data on telecommunication operations that enable them,
for instance, to localise phone calls of crime suspects, as from
October 2012, under a Constitutional Court's (US) verdict that
abolished the respective part of the Penal Code"
Statewatch
In
the News
- update
AUSTRIA: Racist youth check causes controversy (Austrian Times, link): "A sociologist has questioned the results of a disputed study on Austrian teens' attitudes." See: Austrian teens exposed as xenophobic by study
AUSTRIA: Right-wingers on the rise (Austrian Times, link): "The Freedom Party (FPÖ) would come second in a general election these days, according to a new survey." See also: Strache plans stronger right-wing alliances: "Austrian Freedom Party (FPÖ) chief Heinz-Christian Strache discussed immigration issues with high-ranking representatives of Italy’s rightists" and FPÖ politician receives pig heart in post
DENMARK: Government to act faster on children facing deportation (Copenhagen Post, link): "In light of the many recent high-profile cases of children who have been threatened with being separated from their families and kicked out of Denmark, the government has now decided to speed up the process of relaxing the rules for family reunification regarding children"
HUNGARY: 'Democracy is being trampled on in Hungary' (Spiegel Online, link)
GERMANY: Neo-Nazi radio presenters sentenced (The Local, link): "Eleven employees of a Neo-Nazi internet radio station were handed suspended sentences in the western German town of Koblenz Thursday. A twelfth worker was imprisoned for two years because he carried previous offences"
GREECE: Young migrant dies of suffocation (Ekathimerini, link): "A young Afghan man, one of a group of three believed to be aged 15-20, died on Tuesday after suffocating in the cab of an abandoned truck in the western port city of Patra." See also: Migrants abandoned in truck
HUNGARY: Hungarian state TV report downplays protest (Xpatloop.com, link)
MEDITERRANEAN: Probe starts into the migrants' sea of death (Times of Malta, link): "Grey areas in maritime search and rescue legislation must be ironed out if tragic deaths of migrants at sea are to be avoided, says a Council of Europe investigator. An intriguing picture of the events that led to tragedy on the seas between Libya and Italy, has been pieced together by Tineke Strik, the Dutch Senate member appointed to head an investigation"
NORWAY: Opposition to stricter rules for asylum seekers (The Norway Post, link): "Several politicians in Stavanger strongly disagree with the Government’s tightened restrictions for rejected asylum seekers, who under new rules will not be allowed to work in Norway while waiting to leave the country"
ROMANIA: National anthem gets 'boost' in Romania (Balkan Insight, link): "Romania's parliament has adopted new legislation on 'national identity' that will require students to sing the country's anthem at school... Furthermore, schools will be obliged to hang the national flag in every
EU: Council of the European Union: Road traffic, Classified
Information, plus Criminal law: Right to Information and
Access to lawyer
- Road traffic: linking the Prum Decision and EUCARIS vehicle database: from the Delegations of Austria, Belgium, Hungary, Poland and Sweden: Implementation of Directive 2011/82/EU of 25 October 2011 facilitating the cross-border exchange of information on road safety related traffic offences (‘CBE Directive’) – the way forward (pdf)
- Criminal law:Text of Council and European Parliament 1st reading deal: Proposal for a Directive on the right to information in criminal proceedings - Outcome of the European Parliament's first reading (Strasbourg, 12 to 15 December 2011) (pdf)
- Danish Council Presidency re-draft: Proposal for a Directive of the European Parliament and of the Council on the right of access to a lawyer in criminal proceedings and on the right to communicate upon arrest - Revised text (pdf)
UK: No
justice for Kingsnorth Fitwatchers (FITWATCH, link)
EU: Council of the European Union: Council Presidency: Draft
Justice and Home Affairs Agendas (pdf) and the Danish
Council Presidency full programme (pdf)
Terrorists
picked out in a crowd by cameras that can beat human eye (Evening Standard, link)
HUNGARY: The Center for Media and Communication Studies (CMCS)
report: Hungarian
Media Laws in Europe: An Assessment of the Consistency of Hungary’s
Media Laws with European Practices and Norms (link to pdf):
"The study finds that Hungary’s media laws are largely inconsistent with the cited European practices and norms, based on an examination of the legal precedents provided and on the expert analyses of how these precedents are implemented in these European and EU-member countries."
EU parliament groups call for sanctions against Hungary
(euobserver): "The Green, Socialist and Liberal groups
in the European Parliament on Thursday called on the EU to impose
sanctions on Hungary following the conservative government's
"dangerous slide towards an authoritarian regime" -
according the Greens. Hungary is under attack for restricting
media freedom and the independence of its central bank."
See: Greens/EFA call for initiation of Article 7 procedure against Hungary (link) and text of Letter (link) to the Commission President
FRANCE: French
crack down on Roma gangs (BBC News, link): "On
the platforms of the Gare du Nord in Paris, the French and Romanian
police are now patrolling together"
UK: Government
hits pause button on CCTV regulations (The Grocer, link)
UK: Police
face new questions over approach to protest groups (Independent,
link)
UK: ASSET FREEZING: First Report
on the Operation of the Terrorist Asset-Freezing Act 2010 (Review
period: December 2010 to September 2011) by David Anderson Q.C.
Independent Reviewer of Terrorism Legislation (pdf). See also Commentary:
Terrorist
asset-freezing: an intrusion too far by Dr Cian Murphy (Human Rights in Ireland,
link)
FRANCE: EU-PNR: French National Assembly: European
Resolution: On the directive proposal on the establishment of
a European system for the collection and processing of passengers’
records data (PNR data) (pdf) and Original (French link, pdf).
In Article 7 the Assembly backs extended data retention periods
and the inclusion of intra-EU flights and well as those in and
out of the EU.
GUANTANAMO: Cageprisoners
launch LAA TANSA: NEVER FORGET, a major new online project about Guantanamo.
Media and colleagues are invited to the launch at the Frontline
Club (link).
"Laa Tansa is a major online project that has been undertaken by CagePrisoners in order to provide the most complete picture of Guantanamo to date. The press conference will provide media the opportunity to interview a large host of former Guantanamo detainees, their lawyers and families who will all be present at the event."
HUNGARY: Commission
raises concerns about Hungary's constitution (European Voice, link)
ESTONIA: Moscow
denounces Estonian 'pro-Nazi' draft law (euractiv, link)
CZECH REPUBLIC: Respekt:
Media adopt controversial "unadaptables" label (Prague Daily Monitor,
link): "One of the words that symbolise 2011 in the Czech
Republic is "unadaptable" that has recently been used
by Czech media very often, Lucie Kavanova writes in weekly Respekt's
latest issue about the term that is now used when speaking of
(problematic) Romanies. While Czech press used the term "unadaptable"
only twice in 1991, it was about hundred times in 2001 and 800
articles used it in 2011."
The
ECJ on Aslyum, Greece; the UK Protocol on the EU Charter (Human Rights in Ireland, link) by Dr
Cian Murphy
EU: Council of the European Union: Prum implementation, EU
Crime Survey, EU sanctions and SIS II
- PRUM (the automated
exchange of personal data on vehicles, fingerprints and DNA):
Implementation
of the provisions on information exchange of the "Prüm
Decisions" - overview of documents and procedures - overview
of declarations - state of play of implementation of automated
data exchange
(pdf) Includes Member State by Member State breakdowns
- Implementation
of the Prüm Decisions - lessons learned (pdf)
"The implementation of the "Prüm Decisions" turned out to be a complex challenge on different levels.... An increased political will to cope with the Prüm requirements was asked for. However, Member States' meeting the deadline was hampered by domestic issues such as pending legislation, technical concerns or concerns with regard to human or financial resources." and "Information exchange for the purpose of EU internal security relies on a panoply of activities which can significantly diverge from one Member State to another."
See also:
Automated
searches ("fishing expeditions") may be damaging national
police data
(Statewatch database) and Latest
limits placed on automated searches: Implementation of the “Prüm
Decisions” regarding fingerprints - Search capacities (EU doc no: 5860/3/10,
pdf)
- EU Crime Survey including long list of questions: Proposal
for a Regulation on European statistics on safety from crime (pdf)
- EU Crime Survey: Proposal
for a Regulation on European statistics on safety from crime
- Summary table (pdf). Detailed discussion of the Council's position.
- European
Union autonomous sanctions: - Recommendations for working methods
for EU autonomous sanctions (pdf): "Restrictive measures
against third countries, individuals or entities are an essential
foreign policy tool of the EU."
- SIS II: Questions regarding SIS II which shall be taken into account by the European Commission in its written report to the JHA Council in December 2011 – Follow-up (pdf). The Austrian and German delegations pose a number of question to the Commission on the construction of SIS II and the contract.
UK: Extent
of unmanned drone use within UK civil airspace revealed
"the market potential on
the civil side is considerably larger than the military sector
in the long term"
See also: Drone Wars Briefing (pdf, link) by Chris Coles, Drone Wars UK
EU: EURODAC: European Data Protection Supervisor: Eurodac
Coordinated Supervision Group report on advance deletion (pdf)
EU-SCHENGEN: Netherlands
defends border control project (euobserver, link): "The Dutch
interior ministry has said new cameras for screening people who
enter the country by car will not violate EU laws on free movement
or privacy. In what looks like a fresh attack on the Schengen
passport-free travel agreement, the pilot scheme - entitled "@migo-Boras"
- is to see €19 million worth of cameras installed on 15
major highways from Belgium and Germany and in some police cars
between February and April."
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