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Deutsch: Sollen anonyme elektronische Dienste von der Europäischen Kommission ...
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Macedonian: Европската комисија ќе ги забрани...
Having in view the data retention law requirements and the fact that data retention can be avoided by the use of anonymous services, the question arises whether anonymous electronic systems will be prohibited as well by the European Commission (EC).
In this sense, Swedish MEP Jens Holm has recently addressed this issue to the Commission as he considers reliable systems are necessary in order for private individuals or companies to be able to provide anonymous information in relation to criminal or financial crime trials. Some individuals may not dare to contact the police or the mass media, preferring to send anonymous emails with important information they may hold.
Holm asked the EC whether it intended to prepare a proposal to prohibit such services within certain fields, whether the Commission believed the Member States had the right to prohibit such services and whether it considered that the right to electronic anonymity should be guaranteed in the EU.
EC Vice-President Jacques Barrot, Responsible of Justice, Freedom and Security answered on behalf of EC stating that there were no current plans for the EC to submit a proposal to prohibit the use of anonymising services but that the Commission was studying the impact of such services "on the ability of law enforcement bodies to provide security to the citizens in the EU."
While the need to maintain the possibility of providing information anonymously to the relevant organizations had to be considered, in EC's opinion, the Member States had the responsibility to safeguard their internal security. In case anonymising services might limit their possibility to do so, "they may consider regulating the use of these services, while respecting the European Convention on Human Rights and other principles and guarantees regarding civil liberties in Europe and their obligations under the Treaties. Any such measures must be duly justified and must be proportionate and limited to what is necessary in a democratic society."
Barrot answered that the EU legislation provides for the fundamental right to protection of personal data and that "personal data must be processed fairly and lawfully, including the data minimisation principle. This principle may be furthered by the use of anonymous data wherever possible." However, the EC leaves room for future restrictive actions. "Member States may adopt measures to restrict the scope of these principles which are necessary to safeguard important public interests such as national security or law enforcement, including combating terrorism or fighting cybercrime."
European Commission position on anonymisers (12.04.2009)
http://www.tjmcintyre.com/2009/04/european-commission-position-on.html
Written Question by Jens Holm (GUE/NGL) to the Commission - Anonymity
services
http://www.europarl.europa.eu/sides/getDoc.do?type=WQ&reference=E-...
Parliamentary questions- Answer given by Mr Barrot on behalf of the
Commission (3.04.2009)
http://www.europarl.europa.eu/sides/getAllAnswers.do?reference=E-2009-...