08 June 2018
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Council of the European Union
ePrivacy? Not when it comes to "national security"
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"Does the ePrivacy Regulation set a high standard for the confidentiality of electronic communications, or is it a far-reaching expansion of government surveillance authority?
While the ePR is intended to protect the confidentiality of calls, emails, texts and chats, the ePRs article 11 provides a public interest exception (the wiretap provisions) that allows member states to pass laws giving government investigators access to these communications.
EURACTIV and Microsoft organised a lively debate to discuss how to connect the dots of ePrivacy Regulation, government surveillance, encryption and e-Evidence."
See: Conference (link) [emphasis added]
And see: Council of the European Union: Proposal for a Regulation concerning the respect for private life and the protection of personal data in electronic communications and repealing Directive 2002/58/EC (Regulation on Privacy and Electronic Communications) - Progress report/Policy debate (LIMITE doc no: 9079-18, pdf): Council working on its negotiating position creates a massive loophole:
"Based on delegations comments, the Presidency has introduced several changes. The new text excludes activities concerning national security and defence from the scope of the Proposal. The proposed text adds new general public interests allowing for national or Union laws to restrict the rights and obligations laid down in the Proposal for the purpose of protecting data subjects or the rights and freedoms of others and the enforcement of civil law claims. Furthermore the Presidency has included a specific reference to safeguards offered by the GDPR." [emphasis added]
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