EU gives go-ahead for increased state surveillance
13th June 2002

On May 30th the European Parliament voted in support of a Commission and Council proposal that will give law enforcement agencies the right to monitor telephone, internet and e-mail traffic.

Under the new EU directive, the police and other state agencies will be able to oblige internet service providers and telephone companies to keep data on who all citizens in EU member countries are communicating with and what they are downloading from the internet.

Tony Bunyan of Statewatch - the human rights group that monitors the EU - commented, just before the European Parliament decided to support the Council of Ministers on this issue: "The vote in the European Parliament and the final decision on this issue will be a defining moment for the future of democracy in the EU. If all telecommunications - phone calls, e-mails, faxes, and internet usage - are placed under surveillance not only will data protection be fatally undermined but so too will be the very freedoms that distinguish democracies from authoritarian regimes."

The British Greens, Liberal Democrats, and UKIP voted against this measure, whereas, with the exception of one MEP (Lord Stockton), the Conservatives voted for it, as did Labour. One Labour MEP, Arlene McCarthy, abstained (Guardian, May 31st 2002). The UK government enthusiastically supported the measure when it was voted on in the Council of Ministers.

This reverses the EU's original directive on data protection that compelled companies that provide communications services to destroy the logs of their customers within two months.

"This issue will be a defining moment for
the future of democracy in the EU. If all telecommunications - phone calls, e-mails,
faxes, and internet usage - are placed under surveillance not only will data protection be
fatally undermined but so too will be the very freedoms that distinguish democracies
from authoritarian regimes."
Tony Bunyan - Statewatch

Within days of the vote in the European Parliament, the British government has announced that it intends extending the Regulation of Investigatory Powers Act (RIPA) that will come into force in August. Now government departments, local councils and individual NHS authorities, as well as law enforcement agencies, will be able to compel companies, without court order, to provide detailed information on individuals.

This measure could face a legal challenge on the basis that it violates article 8 of the European Convention of Human Rights, as now incorporated in to UK law through the Human Rights Act. Since EU law takes precedence over domestic statutes, it will be very interesting to see what happens if British judges, or failing that, the European Court of Human Rights in Strasbourg, rule that this new EU law is in breach of the ECHR.

On Sunday June 9th, The Observer newspaper revealed that this new civil liberties-violating law follows the preparation of a secret document by the EU's own police force, Europol at its headquarters in The Hague. The proposals in this paper for a 'common code' on data retention were drawn up at a conference on how to increase state surveillance. Representatives of police forces, the intelligence services, and customs services from the EU member states attended.

Apologists for Europol have always claimed that it would be nothing more than a 'clearing house for information'. Yet, this document reveals that Europol is initiating changes in policy and is in the vanguard of moves to increase the power of the authorities over ordinary citizens within the EU. The strategy document proposed that 'Companies that run internet sites will be required to retain passwords used by individuals, record which website addresses are visited and keep details of web pages looked at and any credit card or bank details used for subscriptions.'

Europol can hold information on individuals
that includes their 'sexual orientation,
religion, or politics', as well ethnic origin,
age and address. Under article 8.4 of the
Europol Convention there is a catch-all
category of 'additional information' that
could include hearsay and
unsubstantiated allegations.

The implications are very sinister. As confirmed by current Labour party chairman Charles Clarke, when a Home Office minister, in a response to Tory MP Jacqui Lait in July 2000, Europol can hold information on individuals on its Central Information System database that includes their 'sexual orientation, religion, or politics', as well ethnic origin, age, address, and so on. Indeed under article 8.4 of the Europol Convention there is a catch-all category of 'additional information' that could include hearsay and unsubstantiated allegations. Individuals included in the database need not have been convicted of committing criminal offences under national law or be thought likely to have carried out crimes for which they were never convicted. Information can be entered about persons who it is believed will commit crimes in the future.

Given that the Amsterdam treaty commits Europol to assisting the fight against 'racism and xenophobia' - which are not defined - it is safe to assume that there is nothing to stop it collecting information on individuals who engage in activities considered to be inimical to the creation of an EU system of government. It is worth bearing in mind in this context that the EU created and funded European Monitoring Centre for Racism and Xenophobia has defined opposition to the single currency as 'monetary xenophobia'.

"The mission of the EUMC is not to deal
with 'monetary xenophobia' (refusing
to become part of Euroland) or 'geographical xenophobia' (we should stay away from
the continent, we prefer our isolation
living on our island)."
Peter Fleissner - European Monitoring Centre

There have been allegations by 'whistle-blowers' within the organisation that officers have sold supposedly confidential information on EU citizens to criminal elements. Article 8 of the protocol attached to the Convention grants Europol officers 'immunity from the legal process of any kind in respect of words spoken or written, and of acts performed by them, in the exercise of their official functions.'

Europol, together with national law enforcement agencies, was charged by the Council Of Ministers in August of last year with drawing up a list of 'political troublemakers'. The individuals on this list could then be 'tracked and identified' and prevented from leaving their home countries and travelling to where EU summits were taking place. This database, which comes under the auspices of the Schengen Information System, is initially targeting environmentalists. Persons included on this, or Europol's own data-base, do not need to have been convicted of any previous crime, or be under suspicion of having committed a crime, or be planning to engage in any future illegal activities.

Article 8 of the protocol grants Europol
officers 'immunity from the legal process
of any kind in respect of words spoken
or written, and of acts performed by them,
in the exercise of their official functions.'

Under the EU Convention on Mutual Legal Assistance, passed in the Council of Ministers with the support of former Home Secretary Jack Straw three years ago, any member state police force, as well as Europol, can request information on, and the keeping under surveillance of, any citizen living in any part of the Union. The requesting authorities can either ask their colleagues in other states to pass on the results of the intercepts or can ask for the intercepts to be transmitted 'real time', as it is happening, to the requesting state.

The Danish newspaper Berlingske Tidende reports that, when Denmark assumes the presidency of the EU in July, its Justice and Home Affairs Minister will push at the next EU summit for Europol to be given greater powers, including the right to confiscate assets from criminals. (EUobserver.com). At present, Europol can encourage the carrying out of 'specific investigative actions' by law enforcement agencies in the member countries and can provide its own officers in a support capacity to joint teams.


READ MORE...

Human rights do not apply - Democracy Movement
'Europe votes to end data privacy' - The Guardian, 31/05/02
'Police to spy on all e-mails' - The Observer, 09/06/02
'More power to Europol' - EUobserver.com, 13/06/02

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