September

EU: The UK presidency has drawn up draft Council conclusions on regional protection, in response to the Commission communication. Commission Communication on: regional protection programmes (COM (2005) 388, 1.9.05, pdf). See also Statewatch analysis: "Killing me softly? “Improving access to durable solutions”: doublespeak and the dismantling of refugee protection in the EU" (2004)

EU: Terrorist recruitment: a Commission’s Communication addressing the factors contributing to violent radicalisation: Press release (pdf) Text of Communication (English) Text of the Communication (French, pdf). An earlier draft of the Commission's Communication shows the changes made over the summer: Earlier Commission draft (pdf) The Council of the European Union (25 governments) are expected to adopt their plans on this issue in December

EU: Civil society letter to Members of the European Parliament on data retention proposals, from Privacy International and EDRI (European Digital Rights) and endorsed by 19 NGOs

EU: Final text of the European Commission proposals on the mandatory retention of telecommunications data (pdf) Report from the European Data Protection Supervisor on the Commission's proposal (26.9.05). Latest Council draft proposal: Council, full-text, 16.9.05 (pdf) and the View of the Article 29 Data Protection Working Party on the Council initiative by five members states (November 2004)

Data Protection: 27th International Conference of Data Protection and Privacy Commissioners, Montreux. 16 September 2005 Three strong resolutions on: 1. Resolution on the use of biometrics in passports, identity cards and travel documents: English  French  German (pdf) 2. Resolution on the Use of Personal Data for Political Communication: English  French  German (pdf) 3. Montreux Declaration: The protection of personal data and privacy in a globalised world: a universal right respecting diversities: English  French  German (pdf)

Spain/France/Italy: Joint expulsion flight to Romania

Spain/Germany: Spain annuls German European Arrest Warrant's

Suspicious behaviour on the tube (Guardian, link)

UK: Racial violence after 7 July - week 11 by IRR News Team (link)

IRR: Two asylum seekers took their own lives within 24 hours (link)

EU: The lower EU court, the Court of First Instance, has today (21.9.05) finally ruled in two judgments on the merits in two cases brought back in
2001 against EU implementation of UN Security Council sanctions concerning alleged terrorists, whose assets and income were frozen to prevent them from giving financial support to the Taliban regime and (subsequently) to Al-Qaeda. Professor Steve Peers explains the judgments: Statewatch analysis. See also Statewatch observatory on the terrorist lists

EU Lawyers Slam Data Retention Proposal Draft would have public pay for state surveillance (link)

EU: Data retention: The latest version of the Council's (25 governments) draft Framework Decision, which has been drafted as a "third pillar" (TEU) measure on which the European Parliament (EP) will only be consulted: Council, full-text, 16.9.05 (pdf) It notes the European Commission's initiative to present two separate proposals, one a Directive on the mandatory retention of telecommunications data by service providers: Mandatory data retention in telecommunications on which the EP will have powers of co-decision, and a second on access and exchange of the data by law enforcement agencies on which the parliament will only be consulted. The latest Council draft says that: "the Council will need to decide if it accepts the approach of a Directive or if it will takes measures on data retention" based on its own draft. The different initiatives stem from the opinions of the two Legal Services who both advised that legally there should be two separate measures, see: Statewatch analysis

UK: Protect our rights - a briefing document on the government's anti-terrorism proposals. A joint analysis from UK’s leading civil society organisations

EU: EU Data protection working party criticise proposals on VIS (Visa Information System)

EU: COSI - Standing Committee on Internal Security rescued from the debris of the EU Constitution

UK: Press statement regarding the arrest of Algerian refugees from Gareth Peirce, Birnberg Peirce & Partners (15 September 2005)

UK: Draft Terrorism Bill published (pdf). Liberty press release (link) Home Secretary's letter to opposition parties (pdf)

UK: Racial violence after 7 July - week 10 by IRR News Team, 15 September 2005,

UK: Report on the unannounced inspections of four short-term non-residential holding facilities: Gatwick Airport, North Terminal, Gatwick Airport, South Terminal, London City Airport, Dover Asylum Screening Centre, November 2004 – January 2005, by HM Chief Inspector of Prisons (pdf)

European Commission two proposals (full-text): Data protection activities of police and judicial co-operation in criminal matters provided for by Title VI of the Treaty on European Union and Mandatory data retention in telecommunications

Schengen: Report from the Joint Supervisory Authority (JSA) on the use of Article 96 "alerts" to exclude unwanted people from entering the Schengen area (pdf)

Council of Europe report on use of biometrics (pdf)

SIS-Denmark: Following a request from the Danish Data Protection Agency the National Commissioner of Police was asked to review the 443 Article 96 "alerts" (aliens to be denied entry to the Schengen area) placed on the Schengen Information System (SIS) by Denmark. It was found that "the reporting had been erroneous in 25 cases" (5.6%) as well as various other errors (a total of 68 are set out, 15%) including failure to update the data. Letter from Danish DPA (pdf). The number of people entered by Denmark is tiny compared to those entered on the SIS by Italy (335,306) and Germany (267,884) and similarly levels of errors and failures could affect tens of thousands of people - the results of the review being conducted by the Joint Supervisory Authority of Schengen should reveal the full picture. See also EU-SIS: Three-quarters of a million "illegal aliens" banned from Schengen area

EU Presidency: UK circulate paper on: Liberty and security, striking the right balance (pdf). This paper covers data retention, biometric passports and ID cards, EU passenger name record (PNR) plans and closed circuit television (CCTV). In effect this package of measures is already on the table and will introduce the whole surveillance of telecommunications and movement. Statewatch databases searches: Data retention  Biometric passports and ID cards

EU: Data retention: The current draft Council proposal (dated 27 July 2005) Draft European Commission proposal on data retention (pdf). Dutch ISPs letter to the European Commission (pdf) The Information Technology Association of America (ITAA) comments on proposal (pdf). The Council draft has been highly criticised because of its legal base (see Statewatch report) and the Commission is proposing to put forward two proposals, one requiring service providers to retain traffic data (set out in the leaked draft above) and a second on access to its data by law enforcement agencies. If the Commission's draft is indicative of the proposal expected on 21 September then, apart from the legal basis, there will be little difference in the content.

Refugees and the Development of Africa: The Case of Eritrean Refugees in the UK by Petros Tesfagiorgios (link to IRR News Service)

The Court of Justice has annulled the Framework Decision on environmental crime, on the grounds that it falls within the EU's powers: Press release (13.9.05, pdf)

Destination Cairo: human rights fears over CIA flights - Snatched suspects tell of torture, UN investigator to look at British role (Guardian, link) See also: Sweden: Expulsions carried out by US agents, men tortured in Egypt

UK: UK: Metropolitan Police Special Branch (MPSB) to be amalgamated with the Anti-Terrorism Branch to form new Counter-Terrorist Branch

UK: Head of MI5 warns of the need to erode civil liberties in the fight against terrorism: full-text of speech

Spain: Supreme Court upholds complaint against immigrant detention centre regulation

UK Home Secretary Charles Clarke lambasted by Council of Europe President

UK-EU: Speech by Charles Clarke, UK Home Secretary, to the European Parliament (7/9/05): full text. Clarke's priorities are the adoption of the controversial data retention proposal, development of the "investigative" capabilities of the Schengen Information System (SIS II) and the Visa Information System (meaning broad law enforcement access), and the deployment of "biometrics" (mandatory fingerprinting). Presumably referring to his own domestic deportation plans, Clarke implies that aspects of the European Convention on Human Rights are now outdated.

Spain: Guardia Civil accused of cover-up in death in custody case: report

EU: European Commission releases proposals on migration, integration, asylum and expulsion:

1. Communication on migration and development (COM (2005) 390, 1.9.05, pdf). See also Statewatch analysis: "Migration, development and the EU security agenda" (2003)

2. Communication on a common agenda for integration (COM (2005) 389, 1.9.05, pdf). See also EUobserver.com: Commission suggests EU loyalty oath for immigrants (2.9.05, link)

3. Communication on regional protection programmes (COM (2005) 388, 1.9.05, pdf). See also Statewatch analysis: "Killing me softly? “Improving access to durable solutions”: doublespeak and the dismantling of refugee protection in the EU" (2004)

4. Draft Directive on expulsion (COM (2005) 391, 1.9.05, pdf). See also NGO paper on expulsion: "common principles on removal" (September 2005, pdf)

5. Commission Press conference: Franco Frattini on “migration and asylum package” (Brussels, 1.9.05)

EU-US: Documents reveal hidden EU cooperation with US (Guardian, link). Article by Richard Norton-Taylor examining Statewatch's attempts to get access to EU documents on cooperation with the US on justice and home affairs and security matters.


01 September 2005

EU: Data retention

 

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