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Privacy

Cross-border wiretapping proposed by the Swedish Government

14 March, 2007
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(Dieser Artikel ist auch in deutscher Sprache verfügbar)

Mikael Odenberg, the Swedish defence minister presented on 8 March 2007 a draft law to the parliament that would give the national defence intelligence agency the power to monitor all cross-border phone calls and email traffic without court order.

The proposal, which according to the government, is meant to combat terrorism and other threats to national security, would allow the National Defence Radio Establishment (FRA) to use computer software to search for sensitive keywords in all cross-border phone and e-mail communications.

Although the Government states that this would affect only a small part of the electronic communications and that communication exchanged between

Increased Europol powers need increased data protection policies

28 February, 2007
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(Dieser Artikel ist auch in deutscher Sprache verfügbar)

Peter Hustinx, the European Data Protection Supervisor (EDPS) considers that the changes on the legal basis of Europe's police (Europol) proposed by the European Parliament meant to increase its powers have to be accompanied by proper data protection rules.

The European Parliament has proposed changes that would increase Europol powers in order to fight radical Islamic terrorism, considered as the highest threat to the security in Europe.

The EDPS thinks that, before increasing these powers, Europol data protection policies and data exchange rules should be more consistent and fair.

"We have to make sure that exchange with other EU bodies, such as OLAF (the European Anti Fraud Agency), will be based on a consistent level of data

From Schengen to Prüm: Data Protection under 3rd pillar a prerequisite

28 February, 2007
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(Dieser Artikel ist auch in deutscher Sprache verfügbar)

One of the main priorities of the current German presidency, the inclusion of the Prüm's Treaty into the EU legal framework, is likely to be achieved before its end in 30 June 2007. During its last meeting on 15 February the EU JHA Council agreed on incorporating into EU legislation most of the Treaty provisions falling into the third pillar.

This decision will create the largest pan-European network of police database, including DNA profiles, fingerprints and other personal and non personal data. Originally signed in May 2005 by seven EU countries (Austria, Belgium, France, Germany, Luxembourg, The Netherlands and Spain), later joined by nine others member States (Bulgaria, Finland, Greece, Italy, Portugal, Romania, Slovakia,

Recommended reading

14 February, 2007
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(Dieser Artikel ist auch in deutscher Sprache verfügbar)

Data Protection Working Party - Opinion 1/2007 on the Green Paper on Detection Technologies in the Work of Law Enforcement, Customs and other Security Authorities
http://ec.europa.eu/justice_home/fsj/privacy/docs/wpdocs/2007/wp129_en...

Bulgaria fails to protect citizen's personal data

14 February, 2007
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(Dieser Artikel ist auch in deutscher Sprache verfügbar)

A recent report made public by the Bulgarian National Audit Office about the activity of the Commission for Personal Data Protection (CPDP) in Bulgaria in the period 1 January 2003 - 31 December 2005 shows that CPDP has failed in achieving its main purpose - to protect the citizen's personal data.

Parts of the National Audit Office report have been translated by Bulgarian NGO Access to Information Programme and published on Statewatch. According to the report, the CDPD has spent approx. 1.35 million Euro for its activities, but has completed only 17 investigations at citizens' complaints. The Commission has failed in creating the mandatory registry of personal data processors and hasn't imposed any sanction so far.

European Central Bank found accountable in the SWIFT case

14 February, 2007
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(Dieser Artikel ist auch in deutscher Sprache verfügbar)

On 1 February, Peter Hustinx, the European Data Protection Supervisor (EDPS) gave his opinion on the role of the European Central Bank (ECB) in the SWIFT case, considering the bank as accountable along with SWIFT for failing compliance with the European privacy laws in the secret US investigation into terrorist finances.

By using SWIFT's services in its own payment operations, the ECB has become a joint controller being thus co-responsible in ensuring compliance with data protection rules, meaning observing the purpose limitation principle, informing to data subjects, and ensuring guarantees at the transfer of personal data to third countries.

"Just as other banks, the ECB can not escape some responsibilities in the

Online police searches found illegal in Germany

14 February, 2007
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(Dieser Artikel ist auch in deutscher Sprache verfügbar)

The German Federal Supreme Court (BGH) in Karlsruhe ruled, on 5 February, that, according to the German Code of Criminal Procedure (StPO), online police snooping was illegal.

As the court argued, StPO had no provisions to allow the authorities to perform online snooping, the code allowing only overt searches.

Magistrate Ulrich Hebenstreit had already ruled against house searches arguing that such searches had to take place in the presence of the person affected. He emphasized that the data stored on computers could often be confidential and compared online spying measures to electronic eavesdropping.

The Protection of the Constitution Act on the German federal state of North

Romanian Prosecutors want easy access to communication data

31 January, 2007
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(Dieser Artikel ist auch in deutscher Sprache verfügbar)

A new normative act regarding the competence of the Prosecutors dealing with terrorism and organized crime adopted by the Romanian Government in the last days of 2006 created rumours among the press and civil society that accused the Ministry of Justice of breaching the citizens privacy.

The new act (Emergency Government Ordinance 131/2006) was adopted in the last government meeting in 2006, without any public debate on the new provisions being introduced. The Ordinance entered into force on 1 January 2007 and gave more powers to the Prosecutors Department for Investigations on Organized Crime and Terrorism (DIICOT).

According to the press and civil society groups, the new law would allow

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