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Content type: News & Analysis
The European Union’s privacy and data protection laws are some of the strongest in the world. And the privacy-related activities of the last European Parliament (2009-2014) have been the most intense in its history. For half of its term it steered the highly-debated data protection law reforms, with a first plenary vote cast in the nick of time before it dissolved last April. And for the last year it dealt with the fallout of the mass surveillance revelations by Edward Snowden, which…
Content type: Press release
The ruling today from the European Court of Justice, invalidating the European Union’s 2006 Data Retention Directive policy, was strong and unequivocal: the right to privacy provides a fundamental barrier between the individual and powerful institutions, and laws allowing for indiscriminate, blanket retention on this scale are completely unacceptable.
As the Court states, it is not, and never was, proportionate to spy on the entire population of Europe. The types of data retained under this…
Content type: News & Analysis
What is the Wassenaar Arrangement?
The Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies (the "Wassenaar Arrangement") is a multilateral export control regime in which 41 states participate.
The Wassenaar Arrangement was established on 12 July 1996 in Wassenaar, the Netherlands by 33 founding members to contribute to regional and international security and stability. It is the successor to COCOM, a NATO based…
Content type: News & Analysis
We, and other privacy advocates, havecriticised the poor provisions of the so-called Safe Harbour agreement, which allows free transfers of personal information from European countries to companies in the United States that have signed up and promise to abide by its Principles. Now the European Commission, prompted by the recent mass surveillance scandals, has published an investigation into this agreement which provides overwhelming evidence that it is not fit for purpose. It…
Content type: News & Analysis
In a move that echoes strong action taken in the past by European officials to protect privacy, the Belgian and Dutch data protection authorities on Wednesday announced that they will begin an investigation into the security of the SWIFT financial system.
The announcement comes on the heels of our letters to twenty-eight European DPAs last month, which sought answers regarding the NSA's reportedly unauthorized access to SWIFT's financial messaging system and asked for an…
Content type: News & Analysis
What a difference a few months, and some intelligence agency leaks, make.
In early June an important report warning of increasing State surveillance was submitted to the United Nations Human Rights Council. It was met with barely more than scant attention. Days later, Edward Snowden’s leaks hit the front page of the Guardian, and woke the world up to how intelligence agencies in the US and UK are using questionable legal justifications to spy on their own…
Content type: News & Analysis
The European Parliament Committee that deals with civil liberties and justice issues will have a first vote this week on the revised European data protection framework after months and months of deliberations and negotiations over more than 4,000 amendments. The vote is the first on the framework, which will decide the future of privacy and data protection in Europe. The recent revelations surrounding government surveillance involving some of the Internet's biggest companies have highlighted…
Content type: News & Analysis
Trade has often been a positive driver in encouraging countries to adopt data protection laws, to ensure compliance and ability to conduct business with the European Union and other privacy-respecting partners. However, when free trade agreements are negotiated in secret and influenced by powerful business interests, the result is a severe watering down of existing privacy protections.
There is a high risk of this happening in the free trade negotiations between the European Union…
Content type: Advocacy
Just over a year ago, vitally important reforms to European privacy and data protection laws were proposed. Now these reforms, which will affect the rights of half a billion Europeans, are being watered down in their passage through various European parliamentary committees as MEPs succumb to an unprecedented industry lobbying onslaught. There is now irrefutable evidence of the impact of this lobbying, thanks to a technology-powered research method comparing corporate lobby documents…
Content type: News & Analysis
Just over a year ago, vitally important reforms to European privacy and data protection laws were proposed. Now these reforms, which will affect the rights of half a billion Europeans, are being watered down in their passage through various European parliamentary committees as MEPs succumb to an unprecedented industry lobbying onslaught. There is now irrefutable evidence of the impact of this lobbying, thanks to a technology-powered research method comparing corporate lobby documents…
Content type: Press release
A European privacy group claimed today that dozens of amendments to the new Data Protection Regulation being proposed by Members of the European Parliament (MEPs) are being copied word-for-word from corporate lobby papers, with MEPs frequently failing to even remember their own amendments. Max Schrems, of the website and campaign Europe v Facebook, noticed striking similarities between proposed amendments and lobby papers written by representatives of Amazon, eBay, the American Chamber of…
Content type: News & Analysis
Today is Data Privacy Day, which commemorates the 1981 signing of the Coucil of Europe's Convention 108, the first legally binding international treaty dealing with privacy and data protection. It is celebrated all over Europe, as well as in Canada and the United States since 2008. To mark the occasion, Privacy International, together with other prominent privacy and digital rights organisations, is launching the Brussels Declaration. It urges Brussels parliamentarians and European…
Content type: Press release
Google's latest Transparency Report, released at 3pm GMT this afternoon, shows that requests by European governments for the browsing history, email communications, documents and IP addresses of Google's users have skyrocketed since the Transparency Report was launched three years ago. Countries in the European Union made 7,254 requests about 9,240 users or accounts between July and December 2012, averaging over 1,200 requests a month. This represents over a third of all requests made by…
Content type: News & Analysis
Next week, the European Parliament will make an important decision affecting one of the world’s most vulnerable and stigmatised groups of people: asylum seekers. This decision is part of a larger debate about privacy and function creep, about authorities breaking promises that were made when personal information was collected and using it for new purposes.
EURODAC, a transnational database containing the personal and biometric information of all asylum seekers and illegal immigrants found…
Content type: News & Analysis
One of the first things that strikes you about the chaotic East African metropolises of Kenya, Uganda and Zimbabwe is the blanket of adverts for mobile phone companies that covers them, from the walls of the immigration hall at Harare airport, to the rickety shacks that line the dusty streets of Kampala. Where official signage is unavailable, DIY versions are painted onto the roofs and walls of houses and small businesses. Stores selling mobile phones are rarely more than a few short steps away…
Content type: News & Analysis
Tuesday’s letter to Google CEO Larry Page, personally signed by 29 European data protection authorities, ordered the corporation (inter alia) to give users greater control over their personal information. The notions of trust and control are emphasised throughout the letter, and Google is urged to "…develop new tools to give users more control over their personal data" and "collect explicit consent for the combination of data for certain purposes". It is good news that the…
Content type: News & Analysis
APEC privacy activity has passed another milestone with the acceptance in July 2012 of the USA as the first economy to formally join the cross border privacy rules (CBPR) system. The CBPR Joint Oversight Panel (JOP), with the Canadian chair of the Data Privacy Subgroup (DPS) standing in for the US member in accordance with the ‘no conflict of interest’ provisions, accepted the US government application, which nominated the Federal Trade Commission (FTC) as the privacy enforcement authority…
Content type: News & Analysis
Privacy International welcomes the Select Committee Inquiry. We approach the proposed EU Data Protection Framework from the perspective of individual citizens and consumers.
We consider that this Inquiry and other consultations must take into account not just considerations of burdens to business and administrations, but also the fundamental rights of individuals to privacy and data protection that the UK has to comply with as a signatory to EU treaties and conventions.
The…
Content type: Advocacy
On 25th January 2012, the European Commission published a proposal that would comprehensively reform the European data protection legal regime. One aspect of its proposal, a new Regulation (the “Proposed Regulation”),(1) would modernise and further harmonise the data protection regime created by the Data Protection Directive (95/46/EC). Another aspect of the Commission’s proposal, a new Directive(2) (the “Proposed Directive”), would set out new rules on “the protection of individuals with…
Content type: News & Analysis
On 25th January 2012, the European Commission published a proposal that would comprehensively reform the European data protection legal regime. One aspect of its proposal, a new Regulation (the “Proposed Regulation”),1 would modernise and further harmonise the data protection regime created by the Data Protection Directive (95/46/EC). Another aspect of the Commission’s proposal, a new Directive2 (the “Proposed Directive”), would set out new rules on “the protection of individuals with…
Content type: News & Analysis
On 25th January 2012, the European Commission published a proposal that would comprehensively reform the European data protection legal regime. One aspect of the proposal, a new Regulation (the “Proposed Regulation”),1 would modernise and further harmonise the data protection regime created by the Data Protection Directive (95/46/EC). Another aspect of the Commission’s proposal, a new Directive (the “Proposed Directive”), would set out new rules on “the protection of individuals with…
Content type: Report
Following on from their 2009 discussion paper, in 2010 the European Commission published a Communication on changes to the 1995 European Union Directive on data protection. The European Union’s 1995 Directive on data protection is a leading regional instrument for privacy and is often the model for other countries across the globe. The Directive has been integral to pushing back against key surveillance and tracking initiaitives by governments and industry.In this report we respond to that…
Content type: Report
The US does not have a general overarching privacy law like European Data Directive or the sweeping privacy protections contained in the European declarations of rights. The EU-US accord cites several laws, which it claims, give privacy rights to non-US persons. None of the cited laws offer any real substantive or procedural protections for Europeans. As explained below, the one law – the Privacy Act 5 U.S.C 552a – that could offer some modest protections is tellingly not even mentioned.
But…
Content type: Report
This is a memo prepared by Barry Steinhardt of Friends of Privacy USA for Members of the European Parliament regarding the proposed EU-US Agreement PNR.
The proposed agreement regarding Passenger Name Records (PNR) between the United States and the European Union is riddled with faulty assertions and assumptions about US law and the actual operations of the US government.
These faulty assertions and assumptions go to the heart of the agreement and undercut the claims of protections for…
Content type: Report
Following on from their 2009 discussion paper, in 2010 the European Commission published a Communication on changes to the 1995 European Union Directive on data protection. The European Union’s 1995 Directive on data protection is a leading regional instrument for privacy and is often the model for other countries across the globe. The Directive has been integral to pushing back against key surveillance and tracking initiaitives by governments and industry.
In this report we respond to that…
Content type: News & Analysis
A widely-leaked version of the first legislative proposal for a General Data Protection Regulation is making its way through Brussels and beyond. The purpose of this 'Regulation' is to provide a new tool for harmonising the protection of personal data across the European Union, and one that takes into consideration the current legislative and technological environment. The key point is that Europe's rules on privacy are often taken as an example to the world -- and provide a rare…
Content type: News & Analysis
PI just received a response from Secretary General Thorbjørn Jagland of the Council of Europe (CoE) stating that the CoE is refusing to start an investigation on the collection and storage of citizens biometric data by member states. On 31 March an international alliance of organisations and individuals lodged a petition calling on him to start such an indepth survey under Article 52 of the European Convention on Human Rights (ECHR).
In his answer, received this week, Secretary…
Content type: News & Analysis
The European Commission is about to announce the compulsory fingerprinting of all visitors to the EU, both visa holders and non-visa holders, along with automated border checks of EU nationals through the analysis of fingerprints and facial scans.
The Communication from December 2007, available here on the PI site, outlines the plans. Below we summarise the plans. Also see PI's commentary in the Guardian CommentisFree section from February 11, 2008.
Critical Analysis
The Communication does…
Content type: News & Analysis
Privacy International and the American Civil Liberties Union have appealed to the Council of the European Union, the European Commission, the European Parliament, and privacy commissioners in 31 countries across Europe to repeal the agreement between the EU and the US on passenger data transfers. We argue that, with the recent disclosure of the 'Automated Targeting System' being used by the US Department of Homeland Security, the US has violated both American law and the agreement with the EU…
Content type: News & Analysis
The European Parliament voted today to adopt a new directive allowing for the retention of data "generated by telephony, SMS and internet, but not the content of the information communicated". This data includes email addresses and location data from cell phones. The directive is highly controversial due to the impact it will have on the privacy of European Union citizens.
Also of concern is the broad discretion that is left to EU member states. For example, data may be accessed for the…