Surveillance and data retention
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Commission’s position on tackling illegal content online is contradictory and dangerous for free speech
Today, on 28 September, the European Commission published its long-awaited Communication “Tackling Illegal Content Online”. This follows a leaked copy we previously analysed. The document puts virtually all its focus on internet companies monitoring online communications, in order to remove content that they decide might be illegal. It presents few safeguards for free speech, and […]
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Human Rights Court sets limits on right to monitor employees
On 5 September 2017, the Grand Chamber of the European Court for Human Rights (ECtHR) ruled on the Bărbulescu v. Romania case. It found that there was a breach of the right to family life and correspondence (Article 8 of the European Convention on Human Rights), as claimed by Mr Bărbulescu. Mr Bărbulescu was fired […]
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Please sue us
Each of the Member States of the European Union is required to incorporate European directives into national legislation. If a Member State does not obey this obligation, the European Commission can sue this country in the Court of Justice of the European Union (CJEU). But what actions can a country take if such directives force […]
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Dutch dragnet surveillance bill leaked
On 29 April, the final text for the Dutch dragnet surveillance bill was leaked. It turns out that Minister of the Dutch Interior Ronald Plasterk is still bent on granting the secret services the power to carry out bulk interception of innocent citizens’ communications.
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Austria looses court case about surveillance costs
Telecommunication companies in Austria have won an important court case against the federal government. Though in general the wiretapping provisions in the new Telecommunications Law were not deemed unconstitutional, from 2004 onwards, government will have to reimburse providers for the costs of procuring and maintaining surveillance equipment. Full verdict in German (27.02.2003) http://www.vfgh.gv.at/vfgh/presse/G37-16-02.pdf
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EU building bugged
The telephones lines in the EU Justus Lipsius building in Brussels, home of the Council of Ministers, have been tapped for many years. The bugging devices were discovered in the rooms of the delegations of Britain, France, Germany, Spain, Italy and Austria. The devices were placed on lines between the central switchboard and the national […]
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Polish providers fight email monitoring obligation
According to an item on Warsaw Polish Radio 1 on 19 March 2002, telecommunication providers in Poland have received an order from the Ministry of Infrastructure to install email wiretapping equipment. In the item counsellor Daniel Wieszczycki stated the order is contrary to the Constitutional right of secrecy of correspondence. In pursuance of the order, […]
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UK home office not amused with big brother award
Yesterday, Privacy International announced the winners of the 5th Annual UK ‘Big Brother’ awards to the government and private sector organisations that have done the most to invade personal privacy in Britain. Winner of the award for worst public servant is London Mayor Ken Livingstone, for his efforts in transport surveillance. Prime Minister Tony Blair […]
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EU row over airline passenger data transmission
The Commission’s secret talks with U.S. authorities on the transmission of air passenger data have caused a heavy clash between EU institutions. The Security spokesperson of the EP conservative fraction, the Austrian Hubert Pirker, announced today his fraction will take the Commission to the European Court of Justice. Since 5 March U.S. authorities have access […]
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Limiting the storage of traffic data
The European data commissioners (through the Article 29 working group) have pleaded for a maximum storage period of half a year for traffic data that telecommunication companies store for billing purposes. With the opinion paper the working group tries to limit the duration and scope of traffic data storage. “Traffic data should be kept for […]
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Call for public views on video-surveillance
The European data protection commissioners, united in the Article 29 Working Party, invite the public to respond to a position paper about videosurveillance. The paper gives an interesting overview of the differences in legislation and measures adopted in the different member states since the transposition of the Privacy Directive (95/46/EC). The Commissioners are specifically worried […]
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Data-retention scandal in Ireland
Ireland has had a secret data retention regime for almost a year, after the Cabinet confidentially instructed telecommunications operators to store traffic information about every phone, fax and mobile call for at least three years. The Irish Data Protection Commissioner Joe Meade revealed this last monday at a forum on data retention. Telcos even used […]
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