Date: Wed, 7 Nov 2001 16:31:16 -0500
To:
From: Sarah Andrews
Subject: CALL FOR ACTION -
European Data Retention
Sender:
owner-ecommerce@tacd.org
The Electronic Privacy Information
Center (EPIC), the American Civil Liberties Union (ACLU), the
Center for Democracy and Technology (CDT) and the Electronic
Frontier Foundation ACLU, are planning to send the following
letter to the European Union in response to President Bush's call
on to adopt mandatory data retention for ISPs. The letter is open
to signatories in the US and Europe. If you would like to sign on,
please send your notice to
eu_letter@epic.org no
later than November 11.
Thanks,
Sarah Andrews.
CALL FOR
ACTION - Safeguard Communications Privacy
- President Bush has asked the head
of the European Union to amend privacy laws in Europe so as to
allow law enforcement access to records of personal communications
- The proposal is contrary to international human rights norms
and has been rejected by European Privacy Commissioners and by
Members of the European Parliament
- The proposal also adversely impacts the privacy interests of
US citizens
- US and European groups are asked to endorse the letter to EU
President Guy Verhofstadt expressing respectful but firm
opposition to proposal
- To endorse: send name of organization and URL, email and fax
for contact person BEFORE NOVEMBER 11 to
eu_letter@epic.org.
If questions, contact Cedric Laurant
- Please forward this message to others UNTIL NOVEMBER 11
DRAFT
12 November 2001
Prime Minister Guy Verhofstadt
President, EU Council of Ministers
Brussels, Belgium
Dear President Verhofstadt:
We write to you on behalf of a wide range of civic organizations
in the United States and Europe to express our concern regarding
the request of President Bush that the proposed EU directive on
the protection of privacy in the electronic communications sector
(COM(2000)385) be altered to allow for data retention regarding
the communications of Europeans and consequently of Americans.
While we support the President's efforts to take appropriate steps
to reduce the risk of terrorism and to work with government
leaders to protect public safety, we do not believe that this
proposal is appropriate or necessary.
First of all, under United States law there is no similar
obligation for data retention by telecommunications companies. US
federal law recognizes a need to preserve data once a particular
investigation is underway, but it does not create a general
obligation for communication carriers to retain records on
customers that are no longer required by the carriers. President
Bush is asking European governments to impose obligations on
European companies that would not be imposed on US companies.
Second, the European Privacy Commissioners and Members of the
European Parliament have opposed efforts to create new data
retention obligations. In the letter of 7 June 2001 to Mr. G?an
Persson, President of the Council of the European Union, the
Chairman of the Article 29 Working Group wrote that "Systematic
and preventive storage of EU citizens communications and related
traffic data would undermine the fundamental rights to privacy,
data protection, freedom of expression, liberty and presumption of
innocence."
In a July 2001 report by the European Parliament Committee on
Citizens' Freedoms and Rights, Justice and Home Affairs, Committee
Members made clear that restrictions to safeguard public security
and conduct criminal investigations should be appropriate,
proportionate and limited in time and that general or exploratory
electronic surveillance on a large scale could not be allowed.
The Members also noted that Member States should not have a
general right to request whatever traffic and location data they
wished without the authorities stating a specific reason as to why
such information was needed, and that information should not be
stored longer than was necessary for the transmission of data and
for traffic management purposes.
Third, because communications data often moves between the United
States and Europe, European data retention requirements would
directly and adversely affect the privacy right sof Americans.
There is a significant risk, if this proposal goes forward, that
US law enforcement agencies will seek data held in Europe that it
could not obtain at home, either because it was not retained or
because US law would not permit law enforcement access.
Fourth, the retention of personal information that would otherwise
be destroyed upon the completion of its intended use creates new
privacy and security risks for citizens. Vast databases of
personal data now include sensitive medical information as well as
data revealing political opinions, religious and philosophical
beliefs. These new retention requirements will create new risks to
personal privacy, political freedom, and public safety.
Further, the privacy commissioners have recognized that one of the
best privacy safeguards is to minimize the collection of personal
data where possible. They have consistently affirmed that
confidentiality of communications is one of "the most important
elements of the protection of the fundamental right to privacy and
data protection as well as of secrecy of communications", and that
"any exception to this right and obligation should be limited to
what is strictly necessary in a democratic society and clearly
defined by law." A blanket retention of all traffic data for
hypothetical criminal investigations and for a long period of time
would not respect these basic conditions.
We note also that governments on both sides of the Atlantic have
sought to make secret public information that would otherwise
assist the public in understanding the threats it now faces. We
do not believe it draws the proper balance in a democratic society
for the activities of government to be concealed from public
scrutiny while the private activities of citizens are made open to
government.
Finally, we believe it is inconsistent with well established
international norms for communications privacy, such as Article 8
of the European Convention on Human Rights and Article 12 of the
Universal Declaration of Human Rights, for governments to compel
the retention of private information for surveillance purposes.
Confidentiality of communication is a central tenet of modern
democratic society. Proposals to reduce the privacy of citizens
will undermine the strength of the democratic state.
We have contacted President Bush regarding our concerns. We
respectfully urge you not to take any steps at this time that may
reduce the privacy of citizens.
Sincerely,
Electronic Privacy Information Center
American Civil Liberties Union
Center for Democracy and Technology
Electronic Frontier Foundation
(list in formation)
