Privacy and data protection
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e-Privacy: What happened and what happens next
With the vote on the mandate for trilogues in the European Parliament Plenary session of 26 October 2017, the European Parliament confirmed its strong position on e-Privacy for the following inter-institutional negotiations, also called trilogues.
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Italy extends data retention to six years
On 8 November 2017, the Italian Parliament approved a Regulation on data retention that allows telecommunication operators to save telephone and internet data for up to six years.
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EU Member States plan to ignore EU Court data retention rulings
Documents made publicly available through EDRi member Statewatch reveal that EU Member States are exploring all possible options to keep, and in fact expand, their current data retention regimes. The general plan is based on a new concept of ”restricted data retention”, which is really blanket data retention with a new name, along with amendments […]
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Eurojust: No progress to comply with CJEU data retention judgements
A recently published Eurojust report on data retention in Europe confirms that EU Member States failed to make meaningful progress towards complying with fundamental rights standards, as clarified by the two Court of Justice of the European Union (CJEU) rulings banning blanket data retention.
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Dutch mass surveillance law receives two BBA nominations
Until 9 November 2017 people in the Netherlands could nominate individuals, organisations and companies for a Big Brother Award. The three most “popular” nominees are now in the running to become the biggest privacy offender of the year. Two of the three nominees, Christian Democratic Appeal (CDA) parliamentary party leader Sybrand Buma and the Cabinet, […]
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Estonian eID article – additional information
Our article on the problems with the Estonian eID card attracted some criticism and non-specific allegations of inaccuracies. We recognise the sensitivities of the Estonian authorities on this issue, but stand behind the article. For the sake of completeness and to allow our analysis to be verified, here is the timescale that we describe in […]
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The Dutch continue to fight new mass surveillance law
On 4 November 2017, 20 000 households in the Netherlands received a letter from the Interior Security Service, Rijksveiligheidsdienst. The letter asked people to make an appointment to have a relay installed in their home. The letter stated that this installation was necessary because of the new Intelligence and Security Services Act, which gives the […]
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Estonian eID cryptography mess – 750000 cards compromised
In 2017, a flaw causing vulnerabilities in millions of encryption keys, including national Estonian electronic ID (eID) cards, was discovered. A month and a half after the discovery, the Estonian Police publicly announced the vulnerability, but stated that the eID cards “are completely secure”.
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High time: Policy makers increasingly embrace encryption
Encryption is of critical importance to our democracy and rule of law. Nevertheless, politicians frequently advocate for weakening this technology. Slowly but surely, however, policy makers seem to start embracing it.
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Who defends the victims of mass surveillance? Tech companies could
Two clocks are ticking for US tech companies in the power centers of the modern world. In Washington, lawmakers are working to reform the Foreign Intelligence Surveillance Act (FISA) Section 702 before it expires on 31 December 2017. Section 702 is the main legal basis for US mass surveillance, including the programs and techniques that […]
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The European Commission struggles to find a position on encryption
On 18 October, the European Commission adopted some form of position on encryption, inexplicably embedded in its “anti-terrorism package”. Home affairs activity in relation to encryption is horizontal (covering all illegal activity) and not specifically related to terrorism. However, the Commission chose to include this topic in its anti-terrorism package. The decision to publish the […]
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Surveillance laws fall far short of fundamental rights standards
On 23 October, the European Union Agency for Fundamental Rights (FRA) published the second volume of its study on surveillance and its impact on fundamental rights. This study comes following the request of the European Parliament (EP) for information on the consequences of surveillance for fundamental rights. The Agency notes that “the mere existence of […]
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