Terrorism no excuse for privacy breaches, says EU regulator
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No need to change laws Terrorism and organised crime should not be used as excuses for passing laws which undermine people's privacy and data protection rights, according to the European Data Protection Supervisor (EDPS). Existing laws do not need changed, he said.â¦
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Britain's top law enforcement official said Wednesday that individual rights must be balanced against collective security in the face of the threat of terrorism.
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A proposed law would require companies to keep detailed data about peopleâs Internet and phone use that goes beyond a European Union directive.
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Europe&#39;s top data protection official, European Data Protection Supervisor Peter Hustinx, criticized plans to create a European equivalent of the PNR (passenger name records) gathered by U.S. authorities, questioning the plan&#39;s necessity and proportionality.
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A secretive White House privacy board says two Bush surveillance programs -- electronic eavesdropping and financial tracking -- do not violate citizens' civil liberties. By the Associated Press.
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The European Union and the United States on Wednesday struck two deals designed to ensure U.S. access to private and bank data in its war against terrorism while trying to allay European privacy concerns.
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Europeans enjoy greater privacy rights than U.S. citizens under Homeland Security's Automated Targeting System. In 27B Stroke 6.
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Record labels and film studios cannot demand that telecommunications companies hand over the names and addresses of people who are suspected of sharing copyright-protected music and movies online, the EU's top court ruled Tuesday.
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(InfoWorld) - In the five years since terrorists attacked the U.S., Europe has been the target of extremist attacks, as has India. Bombings in London and Madrid and a recent failed attempt to blow up passenger trains in Germany have prompted a security clampdown never seen on the Continent. Throughout the European Union, governments are grappling with how to guard against terrorist attacks. Meanwhile, Indian IT services companies have beefed up efforts to protect data. The discovery of bombs in two German trains in July pushed up several security measures on the political agenda there. In September, the German government agreed to a new antiterror database, which will be available to authorities across the country and contain information such as a person's religion, travel history, telephone number and Internet data and bank details. It also approved increased use of video surveillance in public areas. These measures reflect a gigantic shift in thinking about privacy in Germany, which has been highly sensitive about data protection and surveillance because of its Nazi history and, more recently, the Stasi secret police in the former communist-run East Germany. The need to tighten security has created demand for new technologies to help authorities combat terrorism. The German subsidiary of IBM Corp., for instance, is working on new technology that will enable computers -- not human beings -- to filter information from the cameras monitoring public areas and other locations. Two German companies have developed a new biometric system for identifying airline passengers. Lufthansa Systems Group GmbH, the IT services arm of German airline Lufthansa AG, and high-security document producer Bundesdruckerei GmbH have developed the SecBoard system. The companies hope that the system, designed to conduct biometric checks on passengers prior to boarding an aircraft, will play a significant role in "trusted passenger" programs planned by the airline industry to increase security. In the U.K., the government is close to activating part of the Regulation of Investigatory Powers Act (RIPA) of 2000 that deals with encrypted data, one in a set of powers covering electronic surveillance and wiretapping. Authorities say the increased use of encryption is hampering their access to information on suspectsâ computers. RIPA would allow police to demand that a suspect decrypt data or face up to two years in jail. The encryption measure in RIPA has remained dormant since the techniques werenât widely used when the law was passed, according to the U.K. Home Office. Terrorist suspects already face up to five years for failing to decrypt data or provide an encryption key. But critics contend the law, which would apply in more than terrorism-related investigations, gives too much power to law enforcement and has the potential for abuse. High-ranking officials could demand the decryption of data without a court order, and the law binds to secrecy those served with a request. Experts say the law could increase the chance that, if seized, a companyâs mission-critical data could be mishandled. Elsewhere in Europe, heads of state met to discuss 57 antiterrorism measures two weeks after the March 11, 2004 bombings of four crowded commuter trains in Madrid. Among the measures discussed were the surveillance of telecommunications, Internet communications and air transportation. Civil liberties groups accused them of using the fight against terrorism as an excuse to increase police powers. E.U. legislation was slow to follow but, from September 2007, telecom carriers and ISPs (Internet service providers) must keep data on all mobile and fixed-line calls for between six months and two years. From March 2009, they must keep data on VOIP (voice over Internet Protocol) calls, Internet connections and e-mail messages. Law enforcement officials will be able to demand the date and time of calls and messages, but not their content, and identifying information of the calling or sending and receiving parties. In India, the Sept. 11 attacks were not a watershed event because the country experienced frequent attacks by Kashmiri separatist groups demanding independence. Even before Sept. 11, some of the large Indian IT services companies had hardened data centers supporting their offshore businesses, said T. R. Madan Mohan, an analyst at Frost & Sullivan Inc. After Web sites of a ministry of the Indian government and an Indian atomic energy agency were hacked, and anti-India messages posted on these sites, Indian businesses showed increased concern about the need for intrusion detection and related security measures, he added. Infosys Technologies Ltd., Indiaâs second largest outsourcer, already had disaster recovery and business continuity plans in place before Sept. 11, said a spokeswoman for the company in Bangalore. However, those attacks brought the threat of terrorism into sharp focus for Indiaâs export-oriented industries, such as software outsourcing, because U.S. and European customers began worrying about the preparedness of their Indian suppliers for terrorist attacks. (Reported and written by John Blau in Dusseldorf, Germany; Peter Sayer in Paris; Jeremy Kirk in London; and John Ribeiro in Bangalore, India, and assembled by Grant Gross in Washington, D.C.)
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It ain't your field The retention of search engine query data is a security matter and not one for Europe's data protection officials, according to Google's global privacy chief.â¦
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(InfoWorld) - Executives from the financial data transfer company Swift and the president of the European Central Bank (ECB) faced tough questions in a European Parliament committee meeting Wednesday, about the illegal sharing of private data with U.S. authorities. ECB chief Jean-Claude Trichet denied that the bank should have stepped in to prevent the breach of European data protection laws, saying that the bank could only advise the Society for Worldwide Interbank Financial Telecommunication SCRL (Swift). "We have no judicial competence in the field of data protection," he said. Swift's Chief Financial Officer Francis van Bever explained that the company has two information storage facilities, one in the U.S. and the other in Holland. Each facility holds identical data: they serve as back-ups for each other in case one were to crash. "Each facility is subject to local laws," Van Bever said. "We were obliged to respond to the subpoena from the U.S. authorities." European law is unclear, he said, adding that after getting external legal advice in Belgium, Swift concluded that transferring the data to the U.S. authorities would be legal. "We didn't check with local data protection authorities because we thought what we were doing was legal," he said. U.S. agencies ordered Swift to share millions of pieces of information about people and companies from around the world in the wake of the terrorist attacks on Sept. 11, 2001. The information was deemed essential in tracing the financing of terrorism, and Swift complied with the order. However, European data protection laws forbid transfers of European citizens' personal data outside the E.U. if the country receiving the data has aÂ weaker data protection regimeÂ than Europe's. The U.S. is considered such a country under European laws. In June the New York Times revealed that Swift has been sharing the data with U.S. authorities for years, sparking investigations in Europe into how the European laws could so easily have been breached. Last week, Belgium's privacy commission concluded a two-month investigation, accusing Swift of breaking Belgian and Europe-wide data protection laws. However, it stopped short of proposing fines for the company, which it agreed was caught between conflicting legal requirements on each side of the Atlantic. Many European parliamentarians drew a parallel between the Swift case and the ongoing attempts to strike a data sharing agreement that would allow the U.S. authorities access to personal data about passengers flying to the U.S.. They were unimpressed by what more than one member of the European parliament referred to as "buck-passing" when it came to handing out responsibility for the data protection breach. Trichet tried to move the debate beyond casting blame by suggesting ways of avoiding similar problems in future. "This problem is ongoing," he said. "The system we have in place is imperfect. It is very important to clarify the situation and work out what to do about such data transfers across the Atlantic." He added that any agreement between the E.U. and the U.S. should then form the basis for a global solution, because the problem is worldwide. "We need a global legal framework for situations like this," Trichet said. Swift's van Bever agreed. "We would welcome such clarification," he said, adding that the double taxation treaty could be a role model. The treaty is signed by many countries around the world and is designed to prevent people being taxed twice on the same income by different tax authorities.
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(InfoWorld) - The European Union has reached a preliminary agreement in the long-runningÂ dispute over the handling of personal dataÂ about E.U. citizens flying to the U.S., a European Commission spokesman said Thursday. Franco Frattini, the commissioner for justice and home affairs, together with German Interior Minister Wolfgang Schaeuble and U.S. secretary for homeland security Michael Chertoff, reached the agreement on Wednesday. However, details wonât be made public until after a meeting of ambassadors for all 27 E.U. countries slated for Friday morning, said Friso Roscam Abbing, Frattiniâs spokesman. The ambassadors will have to sign off on the deal, which observers say is likely to happen. U.S. authorities have been trying to use the renewal of a transatlantic agreement permitting the transfer of European air passengersâ data, known as passenger name records (PNRs), to beef up their powers of surveillance of foreigners entering the U.S. Sharing the dataÂ breaches strict European data protection laws, but the European Commission and national governments in the 27 countries in the E.U. negotiated an exemption from the rules in order to allow the U.S. to better protect itself from potential terrorist attacks. That interim agreement was deemed illegal by the European Court of Justice, and the court gave the E.U. until the end of July to come up with a new accord. Failure to do so wouldÂ leave European airlines exposed to massive finesÂ and the possible loss of landing slots in the U.S if they donât continue to hand over the data, or legal action on data protection grounds in the E.U. if they do. Roscam Abbing declined to comment on reports that the political agreement reached Wednesday allows U.S. authorities to hold onto PNR data for 15 years. âWait until the briefing tomorrow,â he said.
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Part of imminent 'ambitious counter terrorism package' European Union Justice, Freedom (sic) &amp; Security Commissioner Franco Frattini yesterday turned up the volume on terror threats, ahead of the EU's adoption of "an ambitious counter terrorism package" next month. Terrorists, said Frattini, seek new technology, could deploy bioterrorism with devastating effect, and if they got hold of weapons of mass destruction "the consequences would be catastrophic."â¦
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(InfoWorld) - A law allowing security officials in Germany to create the largest and most comprehensive pool of personal data ever amassed in the country goes into effect Thursday as the European Union's largest member state moves to protect itself against possible terrorist attacks. The databases of nearly 40 different agencies, including the Federal Criminal Police Office (BKA) and the Federal Intelligence Service (BND), will be linked to allow authorities to run searches on suspected individuals and retrieve information within minutes. Support for the security measure has grown in Germany and many other E.U. member states that worry about their national security being increasingly threatened by international terrorism, organized crime, and illegal immigration. To what extent the numerous databases are already linked -- BKA alone has more than 100 -- and how access to data will be controlled are details the German government isn't prepared to disclose. What is know is that an expanded index file will be created for suspected terrorists. The file will contain the person's name, bank account number, telephone number, e-mail address, driver's license information and other data, including the names of companies, organizations and other parties associated with the person and linked to terrorist groups. Germany is at the forefrontÂ of European efforts to fight terrorism. In a December meeting of E.U. justice ministers in Dresden, the German government sought support for a package of measures that could give police and other security forces in the region unprecedented access to a range of individuals' personal data. The measures, known as the Treaty of Plum after the German town where the accord was signed by several E.U. member states in 2005, would allow police and other security agencies in different countries to search each other's databases for DNA records, fingerprints, vehicle registrations and other personal information. During its E.U. presidency, Germany hopes to muster enough support to turn the private Treaty of Plum into E.U. law. Â
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PNR and Swift finally put to bed - but still restless The US has capitulated to EU demands that its use of European data in counter-terrorism operations should be subject to foreign scrutiny.â¦
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The European Union investigates whether saving search data violates privacy laws.
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(InfoWorld) - For months, German Interior Minister Wolfgang SchÃ¤uble has been lobbying intensively forÂ tough security measures to fight terrorismÂ and cybercrime. Now he's putting his words into action. Law enforcement officials in Germany and Austria are now among the first to have electronic access to each other's fingerprint databases, the German Federal Ministry of the Interior said Monday. Since 2006, the two countries have shared their DNA databases as one of several measures agreed by some European Union nations under the Treaty of PrÃ¼m in 2005. The treaty, which has meanwhile been signed by several E.U. member states, gives police and other security agencies in different countries unprecedentedÂ access to a range of individuals' personal data. During its E.U. presidency, Germany is trying to muster enough support to turn the Treaty of PrÃ¼m into E.U. law. Support for tough security measures has grown in Germany and other E.U. member states that worry about their national security being increasingly threatened by international terrorism, organized crime and, increasingly, cybercrime. Recently, the Baltic nation ofÂ Estonia suffered several weeks of DDOSÂ (distributed denial-of-service) attacks against government and private-sector Web sites. That DDOS attack sent a warning signal to governments across Europe. On Monday at an IT security conference hosted by the German Interior Ministry, SchÃ¤uble referred to information technology and communications infrastructures as "the nerve strands of society" and called on everyone -- governments, businesses and consumers -- to give IT security a top priority. Protecting critical infrastructure, including communication and energy grids, from cyberattacks is a key area of focus during the two-day conference. SchÃ¤uble is also determined to give the Federal Criminal Police Office (BKA) greater power to monitor terrorists and criminals online by allowing the agency to peek inside their computers. In an interview with the Berliner Zeitung published on Saturday, the minister said he aims to complete draft legislation over the next few weeks to allow the BKA to hack into the PCs of suspected criminals. This year Germany's High Court handed down a landmark decisionÂ banning police from installing spywareÂ on computers of suspected criminals without their knowledge. The High Court in Karlsruhe argued that searching computers is similar to searching homes, a practice in Germany that requires police to follow certain procedures, such as obtaining a search warrant and informing suspected offenders of a search. The judges also argued that hacking computers by the police is not permitted under Germany's strict phone-tapping laws and that legislation would be needed to enable covert surveillance. In the interview, SchÃ¤uble said he would amend Germany's constitutional law to allow online surveillance if the country's leading courts required such an amendment. In February, Germany passed a law allowing security officials to create the largest and most comprehensive pool of personal data ever amassed in the country. The databases of nearly 40 different agencies, including BKA and the Federal Intelligence Service (BND), are now linked to allow authorities to run searches on suspected individuals and retrieve information within minutes. Â