Statewatch News Online, 6 March 2015 (04/15)

6 March 2015 — Statewatch • e-mail: office@statewatch.org

NEWS

http://www.statewatch.org/news/

1.    EU-UK: House of Lords report: CIVILIAN USE OF DRONES
2.    EU Commissioner: Migration Agenda: No search & rescue
3.    UK: A critical response to “The British Armed Forces: Learning Resource 2014
4.    EU: European Ombudsman: Refusal of access to TFTP document
5.    UK: A BAD DAY FOR DEMOCRACY: OK for 91 year  old protestor to be on mass database
6.    EU: Europol report: Exploring tomorrow’s organised crime
7.    EU: Council of the European Union: VIS rollout, Combating Radicalisation, PRUM & JPO TENT-IT
8.    UK: Parliamentarians call for “very radical shift in thinking” on immigration detention
10.  EU: European Data Protection Supervisor (EDPS): Leading by example
12.  EU: Council of the European Union: ex-LISA, Data Protection & Legal Aid
13.  EU: European Ombudsman: Call for whistleblowing rules
14.  UK: INQUEST Report: Deaths of young adults and children in prisons
15.  EU-USA TRADE DEAL (TTIP):  Full-text
16.  UK: Institute of Race Relations: Fighting for the soul of the voluntary sector
17.  EU: Frontex, poison or antidote to the tragedies in the Med
18.  UK: Six years and still waiting: the legal implications of blacklisting
19.  Morocco: detentions and deportations
20.  Frontex budget: 17 million euro increase puts agency on “cruising speed”
21.  Greece: Detention Centre
22.  UK: Counter Terrorism & Security Act and seizure of travel documents 
23.  UK: Conference: Challenging state and corporate impunity
24.  Greenpeace targeted in Seoul
25.  EU-PNR: European Parliament
26.  EU: Council of the European Union: Information Exchange Model (EXIM)
27.  UK: Two ex-Foreign Secretaries in trouble
28.  EU: Article 29 Working Party on data protection: Cookies
29.  EU: Council of the European Union: EU-USA: SWIFT: Legal Service Opinion (2009)
30.  European Parliament: Smart Borders Package
31.  European police neglecting right-wing extremism
32.  EU: European Central Bank does not have to deposit documents
33.  EU: Council of the European Union: Data Protection Regulation, Child Suspects, Legal Aid and Visa Code
34.  CYPRUS: Racist attack and violence against migrant by police
35.  EU: New information on undercover policing networks
36.  UK: NETPOL: Monitoring the police
37.  SPAIN: Leaked memo warns on gay people
38.  European Court confirms Poland’s complicity in CIA rendition
39. European Parliament: PRESUMPTION OF INNOCENCE: Draft reports

EU-UK-GCHQ-USA-NSA SURVEILLANCE
http://www.statewatch.org/eu-usa-data-surveillance.htm

1. DATA SURVEILLANCE: New Zealand revelations
2. UK-GCHQ: Refusal to aid German spying investigation
3. Israel’s Africa policies
4. CANADA: CSE monitors millions of emails
5. GCHQ-NSA SURVEILLANCE: European Parliament: Inquiry to continue
6. NSA-GCHQ: Heist of encryption codes
7. UK-GCHQ: Thousands sign petition

And see: NEWS DIGEST (dozens of news links every month:
http://www.statewatch.org/news/Newsinbrief.htm

USING THE STATEWATCH WEBSITE

NEWS
http://www.statewatch.org/news/

1.. EU-UK: CIVILIAN USE OF DRONES: House of Lords Select Committee on the EU Report:: Civilian Use of Drones in the EU (pdf) and Evidence (422 pages, pdf)

See: Drone owners register called for by House of Lords (BBC News, link): “The recommendation was made by the House of Lords EU Committee, which has been looking into what rules are needed to safeguard the use of unmanned aircraft. It suggests the database would initially include businesses and other professional users, and then later expand to encompass consumers.”

2. EU Commissioner: Avramopoulos: We cooperate with dictatorial regimes to fight migration (euractiv, link): “The EU’s migration chief insisted yesterday (4 March) that the bloc must work with dictatorships in order to fight smugglers who traffic migrants to Europe, often using dangerous sea routes across the Mediterranean.”

and: EU defends working with dictatorships to stop migrants (The Daily Star, link): “The EU’s migration chief insisted Wednesday that the bloc must work with dictatorships in order to fight smugglers who traffic migrants to Europe, often using dangerous sea routes across the Mediterranean.”

And see: Commission statement: Commission makes progress on a European Agenda on Migration (pdf): “First Vice-President Frans Timmermans said; “In May we will present a new migration agenda with an improved governance to strengthen our asylum system, set a sound course on legal migration, act more vigorously against irregular migration and ensure more secure borders.”(and “Factsheet”, pdf) and see: European Migration Network Conference 2015: Attracting and Retaining Talent in Europe(link)

Tony Bunyan, Statewatch Director, notes: “This Commission announcement makes no mention of the EU’s humanitarian responsibility for search and rescue, emphasising instead the need for “legal migration” which is based on bringing in skilled labour from the South to maintain the EU standards of living.”

3.  UK: A critical response to ‘The British Armed Forces: Learning Resource 2014’ (ForcesWatch, link): See Report (link) and Video (produced by Quaker Peace & Social Witness (link): “This report explains why the British Armed Forces Learning Resource (published in September 2014 by the Prime Minister’s Office) is a poor quality educational resource, and exposes the resource as a politically-driven attempt to promote recruitment into the armed forces and “military values” in schools.”

4. EU: European Ombudsman: Letter to Claude Moraes MEP, Chair of the LIBE Committee, concerning the Opinion of the European Parliament’s Legal Service concerning Europol and refusal of US authorities to give the Ombudsman access to a document concerning the TFTP Agreement (pdf)

Emily O’Reilly, the EU Ombudsman, says:

“In my decision, I therefore suggested that Parliament might wish to consider the various issues raised in this case. These include whether it is acceptable for arrangements to be agreed with a foreign government which have the consequence of undermining mechanisms established by or under the EU Treaties for the control of EU executive action….

I also understand that Parliament’s Legal Service nevertheless takes the view that Europol was entitled to refuse to allow me to inspect the relevant document without the consent of the American authorities. I do not find this at all convincing. In my view, the Ombudsman’s Statute clearly gives the Ombudsman the right to inspect documents like the one at issue in the Europol case….

It appears inconceivable to me that, in a union based on the rule of law, certain areas of the activity of the EU administration should be exempt from any external control whatsoever. If one were to accept the opinion put forward by the Parliament’s Legal Service, which I do not, it would be a matter of real urgency to address the need to ensure that an agency such as Europol (or any other agency claiming it could not cooperate with the Ombudsman) is subject to external supervision.” [emphasis added]

5. UK: A BAD DAY FOR DEMOCRACY: Civil liberties campaigners claim Supreme Court judgment gives Police ‘extraordinary discretion’ to compile database – Campaigners express disappointment after Supreme Court rule that collation of data on 91-year-old campaigner was lawful (link):

“The Network for Police Monitoring (Netpol), a national civil liberties organisation, has expressed great disappointment to a Supreme Court judgment handed down today which found that the Metropolitan Police’s ‘domestic extremist’ database was lawful….

Netpol, which monitors police conduct and challenges unfair and discriminatory policing, intervened in the case of peace campaigner John Catt which was heard by the Court in December last year. The Metropolitan Police had brought the Supreme Court challenge against a Court of Appeal ruling in March 2013, which found that the gathering and retaining information on Mr Catt was unlawful.

Mr Catt, who is 91 with no criminal history, was known for making sketches at anti-arms trade protests in Brighton called by the ‘Smash EDO’ campaign.

Speaking today, following the verdict Kevin Blowe, a coordinator for Netpol said: “This ruling allows the police extraordinary discretion to gather personal information of individuals for purposes that are never fully defined. “The Supreme Court has accepted that no further justification is apparently required other than investigating the ‘links between protest groups’ and their ‘organisation and leadership’. “This Judgment represents judicial approval for the mass surveillance of UK protest movements.”

See: Court Press release (pdf) and Full-text of judgment (pdf)

And see: Supreme Court grants “judicial approval for the mass surveillance of UK protest movements” (Netpol, link): “In a press release issued by his solicitors Bhatt Murphy, John Catt has confirmed his intention to take his case to the European Court of Human Rights.”

6. EU: Europol report: Exploring tomorrow’s organised crime (6MB, pdf):

“A decline of traditional hierarchical criminal groups and networks will be accompanied by the expansion of a virtual criminal underground made up of individual criminal entrepreneurs, who come together on a project basis. These people will lend their knowledge, experience and expertise as part of a ‘crime-as-a-service’ business model. Such dynamics can already be seen in the realm of cybercrime, but in the future these will extend to the domain of ‘traditional’ organised crime, governing crime areas such as drugs trafficking, illegal immigration facilitation and counterfeiting of goods.”

7. EU: Council of the European Union: VIS rollout, Combating Radicalisation, PRUM & JPO TENT-IT

• VISA INFORMATION SYSTEM: VIS – time frame concerning the roll-out in the last regions – Approval of the final compromise (LIMITE doc no 5731-15, pdf) Detailed plan for implementation.

• French delegation: Combating terrorism and radicalisation: further strengthening the protection of the citizens of the European Union (LIMITE doc no 5507-15, pdf) Detailed proposals

• Implementation of the “Prüm Decisions” regarding fingerprints – Search capacities (EU doc no: 5019-rev-2-15, pdf):“Member States shall submit declarations to the General Secretariat of the Council in which they lay down their maximum search capacities per day for dactyloscopic data of identified persons and dactyloscopic data of persons not yet identified.”

• Italian Delegation: To: Law Enforcement Working Party: Final report on the JPO TENT-IT (LIMITE doc no: 5667-15. pdf):“The aim of the operation organised under the IT Presidency was to perform road traffic security controls on European and trans-European road networks for security purposes, through widespread activities including national and joint controls and checks of heavy vehicles (trucks and tractortrailers) carrying goods including hazardous and particularly hazardous goods, and of vehicles transporting people (coaches and buses)….12 Member States (Austria, Bulgaria, Cyprus, Croatia, Greece, Ireland, Italy, the Netherlands, Portugal, Romania, Slovakia and Slovenia) participated”

8. Statewatch: EU proposed new Directive on the exchange of personal data between law enforcement agencies EU: Observatory on data protection and law enforcement agencies

• the protection of personal data in police and judicial matters (2005-2008) and new proposals from 2011 ongoing full-text documentation on all the secret discussions in the Council – Updated 3 March 2015

9. UK: Parliamentarians call for “very radical shift in thinking” on immigration detention

An inquiry conducted by MPs and Lords from the UK’s three major political parties (Labour, Liberal Democrat and Conservative) has concluded that “a very radical shift in thinking” is required on immigration detention. The report makes four “key recommendations”:

  • “There should be a time limit of 28 days on the length of time anyone can be held in immigration detention” (currently, the UK has an indefinite detention period, meaning that some people are detained for years);
  • “Detention is currently used disproportionately frequently, resulting in too many instances of detention. The presumption in theory and practice should be in favour of community-based resolution and against detention”;
  • “Decisions to detain should be very rare and detention should be for the shortest time possible and only to effect removal”;
  • “The Government should learn from international best practice and introduce a much wider range of alternatives to detention than are currently used in the UK.”


Between July and October 2014 the inquiry, launched by the All Party Parliamentary Group on Refugees and the All Party Parliamentary Group on Migration, received 182 submission of written evidence and held three oral evidence sessions. Members of the inquiry also visited detention centres and the Swedish Migration Board

See: All Party Parliamentary Group on Refugees and the All Party Parliamentary Group on Migration, ‘ The Report of the Inquiry into the Use of Immigration Detention in the United Kingdom‘ (pdf), 3 March 2015

And also: Immigration centres: Act now to overhaul Britain’s ‘shocking’ detention of migrants indefinitely and in appalling conditions, say MPs (The Independent, link) and MPs call for immigration detention cap (BBC News, link).

10. EU: European Data Protection Supervisor (EDPS): Leading by Example: EDPS Strategy 2015-2019 (Press release, pdf) and Full-text: Strategy 2015-2019 (pdf):

“Giovanni Buttarelli, EDPS, said: “This is a crucial moment for data protection, a period of unprecedented change and political importance, not only in the EU but globally. Our aims and ambitions for the next five years build on our strengths, successes and lessons learned. Together with our legal and technological expertise, we are uniquely placed to assist the EU to find effective, practical and innovative solutions that will respect our fundamental rights in the new digital world. Our goal is for the EU to speak – in full cooperation with colleagues at national level – with one voice on data protection, a voice which is credible, informed and relevant.”

12. EU: Council of the European Union: ex-LISA, Data Protection & Legal Aid

• eu-LISA (European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice): To: Standing Committee on Operational Cooperation on Internal Security

• Priorities of the network of JHA Agencies in 2015 (LIMITE doc no: 5946-15, pdf):

“Existing strategic, analytical and statistical reports, risk and threat assessments and situational awareness products will continue to be shared and a mapping of these analyses and reports should be carried out by the JHA Agencies to make better use of them. Furthermore, exchange of best practice and views related to the establishment and maintenance of operations involving personal data should be carried out among the JHA Agencies.”

• ONE STOP SHOP: Proposal for a Regulation of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation) – The one-stop-shop mechanism (LIMITE doc no: 286-rev-1-15, pdf) 59 pages with 126 Member State positions

• Chapter II (LIMITE doc no: 17071-rev-3-14, pdf) 30 pages with 90 Member State positions and see: 17072-rev-3-add-1-14(pdf)

• Decision to make public the TiSA negotiating directives (LIMITE doc no: 6575-15, pdf)

• Trio proposals on the organisation of the Council preparatory bodies (follow-up to the informal joint meeting of the EU Foreign and Home Affairs Ministers (Rome, 27 November 2014)) (LIMITE doc no: 6589-15, pdf): “On 10 December 2014, the trio of Presidencies informed Coreper2 that they would work
jointly in order to address existing overlaps and improve the efficiency of the decision making processes of SCIFA, High Level Working Group on Asylum and Migration (HLWG), CATS and JAIEX, especially concerning the interaction between external and internal dimensions of migration.”
 See also: The future of SCIFA – Contribution to the evaluation by COREPER (LIMITE doc no: 12996-14, pdf)

• Legal Aid:  Proposal for a Directive of the European Parliament and of the Council on provisional legal aid for suspects or accused persons deprived of liberty and legal aid in European arrest warrant proceedings = General approach (6603-15, pdf)

13. EU: European Ombudsman: Ombudsman calls on EU institutions to adopt whistleblowing rules (pdf):

“The European Ombudsman, Emily O’Reilly, has found that seven out of the nine EU institutions questioned by her office have still to comply with a January 2014 obligation to introduce internal whistleblowing rules. While an inter-institutional committee is examining a common approach, she urges the committee to complete its work as quickly as possible.”:

14. UK: INQUEST Report: “Stolen lives and missed opportunities”: The deaths of young adults and children in prisons(link) and see: Sixty five young adults and teenagers have died in prison in last four years, report finds (Independent, link)

15.  EU-USA TRADE DEAL (TTIP): Transatlantic trade deal text leaked to BBC (BBC Scotland, link) and see: Document:European Union Trade in services and investment: Schedule of specific commitments and reservations (pdf)

16. UK: Institute of Race Relations: Fighting for the soul of the voluntary sector – Everyone should read a recent report by the National Coalition of Independent Action (NCIA) on the ways in which neoliberal policies are destroying the purpose and politics of voluntary groups (IRR, link): “The cost of not facing up to this situation, and taking a stand, will, the report concludes, be very high indeed. Fight or Fright is not a passive critique of the sector but a call to arms.”

17. EU: Frontex, poison or antidote to the tragedies in the Mediterranean? (Migreurop, link):

“As Malta receives millions of Euros to fund maritime border control operations in collaboration with Frontex, members of the FRONTEXIT campaign denounce the security obsession blinding Europe and leading to increasing numbers of deaths.”

18. UK: Six years and still waiting: the legal implications of blacklisting (The Justice Gap, link):

“The construction industry blacklist has appeared regularly in the media since it was discovered in 2009 following a raid by the Information Commissioner’s Office (ICO). Over 40 of the UK’s largest contractors held a covert database of trade unionists who had complained about unpaid wages or safety on building sites through an organisation called The Consulting Association.”

And see: “Every Man a Capitalist”: The long history of monitoring ‘unsuitable’ workers in the UK (Statewatch database)

19. Update III on detentions and deportations of Sub-Saharan migrants in Morocco (No Borders Morocco, link):

“”As part of the so-called European Neighbourhood Policy (ENP), the EU and its member states fund surrounding countries to control their borders and effectively prevent migrants from reaching European territory. As an “Advanced Partner” in the ENP, Morocco is complicit in creating a buffer zone externalising the EU’s inhumane border regime to Northern Africa. To gain advanced status, Morocco signed a so-called “Mobility Partnership” including readmission negotiations, and receives “assistance in implementing the strategy to combat illegal migration” (EU/Morocco Action Plan, para 48) from the EU. The large-scale detention and deportations of Sub-Saharan migrants in Morocco show what this combat looks like in practice.”

See: EU/Morocco Action Plan (pdf)

20. Frontex budget: €17 million increase puts agency on “cruising speed”

The 2015 budget of EU border agency Frontex has been increased by 16%, from €97 million to €114 million, with the largest share of the extra funding going towards Joint Operations at Sea Borders. According to the agency’s Work Programme for 2015, published in December 2014, the budget is on “cruising speed”.

‘Joint Operations and Pilot Projects at Sea Borders’ receives the largest share of the €114 million budget, with €31 million or 27% of the total. In 2014, Joint Operations at Sea Borders was allocated €25 million. According to the Work Programme: “Strengthening the Member States’ operational capacity to cover increased operational areas and implementation periods will enhance the tackling of irregular migration on routes identified by risk analysis.

21. Greek Authorities Start Evacuating Amygdaleza Migrant Detention Center (Greek Reporter, link)

“Greek authorities have started evacuating the Amygdaleza migrant detention center last Friday, saying they have released 100 migrants by Tuesday, while 980 remain in the premises. Deputy Citizen Protection Minister Giannis Panousis had pledged to close down the Amygdaleza facility within 100 days, citing inhumane living conditions, following the suicide of a Pakistani national.”

22. UK: The Counter-Terrorism and Security Act 2015 (pdf) received Royal Assent on 12 February 2015. The draft code of practice was presented to Parliament on 12 February 2015 for approval by Parliament. The Code of practice for officers exercising functions under Schedule 1 of the Counter-Terrorism and Security Act 2015 in connection with seizing and retaining travel documents (pdf) will come into force on 13 February 2015.

“Counter-Terrorism and Security Act 2015 coming into force: Code of practice for police and border officials on seizing travel documents: The code of practice is issued under paragraph 18 of Schedule 1 to the Counter-Terrorism and Security Act 2015… It includes:

i. the procedure under which the Secretary of State may designate immigration officers and customs officials (“Border Force officers”) to exercise functions under Schedule 1;
ii. the training to be undertaken by persons who are to exercise powers under Schedule 1;
iii. the exercise by police, and Border Force officers of their functions under Schedule 1;
iv. the information to be provided to a person subject to the exercise of powers under Schedule 1 and when and how that information should be
provided; and
v. the process of reviewing the decision to authorise retention of travel documents within 72 hours of taking the documents.”

See also Statewatch Observatory: UK laws (Acts of Parliament): 1988 – ongoing

23. UK: Conference: Challenging state and corporate impunity: is accountability possible? (Centre for Crime and Justice Studies (link): “the Centre for Crime and Justice Studies and the Department of Sociology, Social Policy and Criminology at the University of Liverpool are hosting a third event to bring people together from a range of organisations to discuss how to hold state and corporate institutions to account.” 19 June, 2015 9:00am to 5:00 pm. Location: 33 Finsbury Square London, EC2A 1AG: Speakers include:

Tony Bunyan (Statewatch) – What is the role of researchers in supporting movements for state accountability?
Suresh Grover (The Monitoring Group)
Deborah Hargreaves (High Pay Centre) – How do we challenge corporate abuses of power when this power is increasingly concentrated in elites?
Ewa Jasiewicz (Fuel Poverty Action) – How do we work for state and corporate accountability under conditions of austerity?
Stafford Scott (Tottenham Rights)
Will McMahon (Centre for Crime and Justice Studies) and David Whyte (University of Liverpool) – Linking academic research to social movements.

24. Spy cables: Greenpeace head targeted by intelligence agencies before Seoul G20 – South Korea’s intelligence service requested information about South African activist Kumi Naidoo in runup to leaders’ meeting in 2010 (Guardian, link) and see Document (pdf):

“The head of Greenpeace International, Kumi Naidoo, was targeted by intelligence agencies as a potential security threat ahead of a major international summit, leaked documents reveal.Information about Naidoo, a prominent human rights activist from South Africa, was requested from South African intelligence by South Korea’s National Intelligence Service (NIS) in the runup to a meeting of G20 leaders in Seoul in 2010…. Greenpeace is one of the world’s best known environmental groups, combining lobbying with high-profile direct action protests. South Korean intelligence may have been concerned about possible disruption at the summit. Told this week of the approach, Naidoo described it as outrageous.”

25. EU-PNR: European Parliament: Draft Report: on the proposal for a directive of the European Parliament and of the Council on the use of Passenger Name Record data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime (pdf) by Rapporteur, Timothy Kirkhope.

“Currently, of the 27 Member States of the European Union, only the United Kingdom has a fully fledged PNR system whilst 5 others (France, Denmark, Sweden, Belgium and The Netherlands) use it in limited ways or are testing its use.” [emphasis added]

See Explanatory Note page 40-42. This includes:

“III. Inclusion of intra-EU flights: Your Rapporteur is convinced that the inclusion of intra-EU flights would bring clear added value to any EU PNR scheme…[this extends the Commission proposal and was put forward in the Council by the UK supported by other governments] 

IV. Targeted v. 100% collection: The Rapporteur supports 100% coverage of flights for the obvious efficiency and security benefits. There is also evidence to suggest that criminals could avoid particular flights under a targeted system.”

Taken together all passengers on flights in and out of the EU and on all flights between EU countries would be placed under surveillance.

For Background see: EU: Travel surveillance: PNR by the back door (Statewatch database) and EU: Travel surveillance: Commission attempts to soothe PNR critics with “workable compromise” and Statewatch Observatory: EU-PNR (Passenger Name Record): 2011 ongoing

26. EU: Council of the European Union: Study on the implementation of the European Information Exchange Model (EIXM) for strengthening law enforcement cooperation – Discussion paper (LIMITE doc no: 6131-15, pdf). See also: Study on the implementation of the European Information Exchange Model (EXIM) for strengthening law enforcement cooperation(pdf)

Concludes that there is a great variation in Member States’ use of SIENNA – Europol’s channel for EU information exchange – which is not connected in most Member States to its case management system and “Due to low prioritisation in several Member States, the implementation of the Prüm Decisions is still not as advanced as it should be” and

“One obstacle ….(is) the rules for entering data in the Europol Information System (EIS), the limited user community and the fact that EIS data is normally not easily accessible on a larger scale in operational police work. This also leads to a vicious circle where the volumes of data in EIS are too small for Member States to invest in resources and solutions to increase their use of it.”

27. UK: Two ex-Foreign Secretaries in trouble: Sir Malcolm Rifkind resigns as ISC chairman and will step down as MP – Tory MP will resign from Commons at May election after quitting as head of parliamentary security committee, over cash-for-access claims (Guardian, link)

Malcolm Rifkind clings to chairmanship of Commons intelligence committee – Conservative MP at centre of new cash for access allegations insists he has done nothing wrong, echoing stance of Labour’s Jack Straw (Guardian, link): “Both Rifkind and Straw have referred themselves to the parliamentary commissioner for standards, but no inquiry will be complete before the election. …. Labour members of the ISC are likely to remain loyal to Rifkind, but the senior Labour backbencher Tom Watson said: “If the chair of the intelligence committee no longer has the confidence of the prime minister, then he should not continue as chairman.”

Jack Straw was Foreign Secretary when the CIA rendition scandal broke see: Tony Bunyan, Statewatch Director, speech to the European Parliament hearing in Brussels on 23 January 2006: On the alleged use of European countries by the CIA for the transportation and illegal detention of prisoners (pdf)

28. EU: Article 29 Working Party on data protection: Joint survey by European regulators on website cookie usage finds improvement in information but cookies still being set without consent. (Press release, pdf)

29. EU: Council of the European Union: EU-USA: SWIFT: Legal Service Opinion (2009): Recommendation from the Commission to the Council to authorise the opening of negotiations between the European Union and the United States of America for an international agreement to make available to the United States Treasury Department financial messaging data to prevent and combat terrorism and terrorist financing (doc. 11009/09 RESTREINT JAI 397 USA 43 RELEX 574 DATAPROTECT 42) – Legal basis (pdf) “RESTRICTED” document now Declassified.

30. European Parliament: Background documents for Interparliamentary Committee Meeting: “Smart Borders Package: European challenges, national experiences, the way ahead” (pdf)

31. European police neglecting right-wing extremism

An online platform set up so that Europe’s police forces can exchange information on right-wing extremism is “not being used much”, says a recent report by the EU’s Counter-Terrorism Coordinator (CTC). This is despite the rise to prominence of far-right parties and movements across Europe – in Greece, Hungary, France, Germany, Sweden, and elsewhere.

Europol, the EU’s policing agency, hosts a ‘Europol Platform for Experts’ on right-wing extremism which is supposed to be used by police officers to “to share knowledge, best practices and non-personal data on crime.” The Counter-Terrorism Coordinator’s Report, published at the end of November 2014 and covering the period from December 2012 to mid-October 2014, says: “The EPE facilitates contact and exchange of best practice between Member States’ experts. The platform meets as required. For the time being it is not being used much by Member States and Europol.”

Europol failed to provide any further details on the use of the platform – for example, how many meetings it has held and how many messages have been exchanged through it – despite repeated requests from Statewatch.

32. EU: EUROPEAN CENTRAL BANK (and the CJEU) TO BE EXEMPT FROM HAVING TO DEPOSIT DOCUMENTS IN EU ARCHIVES – WHY? : 

See: Proposal for a Council Regulation amending Regulation (EEC/Euratom) No 354/83, as regards the deposit of the historical archives of the institutions at the European University Institute in Florence Adoption (13 February, pdf): The Council to adopt is position stating:

“The Commission proposal will make it obligatory for all EU institutions to deposit their paper historical archives at the European University Institute in Florence. The purpose of the deposit of the historical archives of the institutions at the EUI is to provide access to these archives from a single location, to promote their consultation and to stimulate research into the history of European integration and the European institutions.”

However, the same document say the adoption is to be based on document no: 6867/13 (pdf) which will apply to all EU institutions except that:

“the specific nature of the activities of the Court of Justice of the European Union (CJEU) and the European Central Bank (ECB) justifies their exclusion from the obligation set out in this Regulation to deposit their historical archives at the EUI. The CJEU and the ECB may deposit their historical archives at the EUI on a voluntary basis.” [emphasis added]

NB: “the historical archives of the Union are preserved and are made available to the public wherever possible after the expiry of a period of 30 years”

It also seems odd, in the light of the changes made in the Lisbon Treaty Article 15.1 which extends the Regulation on public access to EU documents to all EU agencies and bodies too that this proposed Regulation does not appear to cover them as well.

33. EU: Council of the European Union working towards its position on the: Data Protection Regulation, Child Suspects, Legal Aid and Visa Code:

• Chapter II (LIMITE doc no: 17071-rev2-14, pdf) with 84 Footnotes including Member States’ positions.

• The one-stop-shop mechanism (LIMITE doc no:5627-rev1-15, pdf) with 137 Footnotes including Member States’ positions.

• German Delegation proposals: Consent (LIMITE doc no: 14703-rev1-14, pdf) and Right to be forgotten: dispute settlement(LIMITE doc no: 6031-15, pdf)

And CHILD SUSPECTS RIGHTS: Proposal for a Directive of the European Parliament and of the Council on procedural safeguards for children suspected or accused in criminal proceedings (LIMITE doc no: 5952-15, pdf) Includes Multi-column document: Commission proposal, Council position, EP Orientation Vote and “compromise” position.

• LEGAL AID: Proposal for a Directive of the European Parliament and of the Council on provisional legal aid for suspects or accused persons deprived of liberty and legal aid in European arrest warrant proceedings = Revised text (LIMITE doc no: 6177-15,pdf) Council developing its position before entering “trilogue” discussion s with European Parliament. With Member States’ positions

• VISA CODE: Draft Regulation of the European Parliament and of the Council on the Union Code on Visas (Visa Code) (recast) – State of play after the first examination of the articles and suggested way to move forward (pdf)

34. CYPRUS: Racist attack and violence against migrant by the police (KISA, link)

“KISA publicly denounces a new incident of racist violence, inhuman and humiliating treatment against a migrant by members of the police. More specifically, according to a Cypriot citizen that witnessed the incident, two policemen called a migrant walking in front of them to stop and when the migrant turned towards them one of the two policemen hit him so hard on the face that the migrant fell to the ground. Then the policemen handcuffed and arrested him without any resistance or action from the migrant’s side.”

35. EU: New information on undercover policing networks obtained by German parliamentary deputies

New information on the 2014 activities of European police cooperation groups and networks has been published by the German government, in response to questions from Die Linke parliamentary deputies. The answers include information on the work of Europe’s secretive undercover policing coordination networks. However, the government claims – as it has done in the past – that many of the questions cannot be answered publicly, due to the need for confidentiality.

The questions concern a number of groups and networks, including:

  • The European Cooperation Group on Undercover Activities (ECG);
  • The International Working Group on Police Undercover Activities (IWG);
  • The Cross-Border Surveillance Working Group (CSW);
  • The International Specialist Law Enforcement (ISLE) project;
  • Europol’s ‘Focal Point Dolphin’.


36. UK: Monitoring the police: Latest news from Netpol (link)

The February 2015 newsletter of the Network for Police Monitoring looks at police attempts to set ‘pay-to-protest’ conditions; the use of anti-social behaviour dispersal powers beyond limits set by the law; police monitoring in Manchester and more. See also: The Network for Monitoring Monitoring (link) and Met police ‘pay to protest’ proposal rejected by campaigners (The Guardian, link)

37. Spain: Leaked memo warns staff to keep an eye on gay people (Pink News, link): “A leaked memo that was shared to Madrid metro staff urged them to be vigilant went checking gay people’s tickets.” See also: Madrid Metro suspends employee who ordered surveillance of gay passengers (El País, link)

38. European court confirms Poland’s complicity in CIA rendition (euobserver, link):

“A European Court of Human Rights ruling that Poland allowed a secret CIA jail on its soil became final on Tuesday (17 February) after the court rejected an appeal request. The Strasbourg court last July found the Polish government had colluded with the CIA to establish the secret detention facility at the Stare Kiejkuty military base. The court said Poland had failed to launch a proper investigation into human rights violations on two individuals who had been tortured at the CIA prison camp in 2002 and 2003.” and see:

Poland’s complicity in CIA torture programme confirmed as European Court rejects Warsaw’s appeal (BIJ, link) and ECHR Press Release (pdf)

And see Statewatch Observatory on EU-CIA Rendition and detention

39.  European Parliament: PRESUMPTION OF INNOCENCE: Draft reports: Civil Liberties Committee (LIBE) (pdf) and Legal Affairs Committee (pdf). See: Commission proposal (pdf)

EU-UK-GCHQ-USA-NSA SURVEILLANCE
http://www.statewatch.org/eu-usa-data-surveillance.htm

1. DATA SURVEILLANCE: Snowden GCSB revelations / Russel Norman says GCSB ‘breaking the law’ (The New Zealand Herald, link):

“EXCLUSIVE: GCSB collects phone calls, emails and internet data from NZ’s closest and most vulnerable neighbours, secret papers reveal .New Zealand is “selling out” its close relations with the Pacific nations to be close with the United States, author Nicky Hager has said. Hager, in conjunction with the New Zealand Herald and the Intercept news site, revealed today how New Zealand’s spies are targeting the entire email, phone and social media communications of the country’s closest, friendliest and most vulnerable neighbours.”

And see: New Zealand Spies on Neighbors in Secret ‘Five Eyes’ Global Surveillance (The Intercept, link)

See also: XKeyscore: NSA tool collects ‘nearly everything a user does on the internet’ • XKeyscore gives ‘widest-reaching’ collection of online data • NSA analysts require no prior authorization for searches • Sweeps up emails, social media activity and browsing history • NSA’s XKeyscore program – read one of the presentation (Guardian, link)

And see Full XKeyscore document (pdf)

2. UK-GCHQ: British refusal to cooperate with spy inquiry causes row in Germany – Committee under pressure to censor disclosures about UK activity after Downing Street threatens to break off intelligence-sharing with Berlin (Guardian, link)

“the Bundestag’s inquiry into the NSA controversy is being jeopardised by Britain’s refusal to cooperate and its threats to break off all intelligence-sharing with Berlin should the committee reveal any UK secrets…. David Cameron had written to Peter Altmaier, Angela Merkel’s chief of staff, refusing all requests for help in the inquiry and warning that Britain would cease supplying terrorism-related intelligence to the Germans unless Berlin yielded….

Information already available to the committee from German sources is said to reveal operational details of UK activities, encryption methods, codes and decoding techniques.”

3. Israel’s Africa policies ‘an exercise in cynicism’ – South African intelligence accuse Israel of “fuelling insurrection”, selling arms and “appropriating” African resources (Aljazeera, link):

“Secret documents obtained by Al Jazeera’s Investigative Unit expose a deep disdain by South Africa’s spies for their Israeli counterparts, with intelligence assessments accusing Israel of conducting “cynical” polices in Africa that include “fuelling insurrection”, “appropriating diamonds” and even sabotaging Egypt’s water supply.”

See: Document 1 (36 MB, link) and Document 2 (60MB, link)

4. CSE monitors millions of Canadian emails to government: Critics question how long data is stored and what it’s used for (CBC News, link):

“Canada’s electronic spy agency collects millions of emails from Canadians and stores them for “days to months” while trying to filter out malware and other attacks on government computer networks, CBC News has learned. A top-secret document written by Communications Security Establishment (CSE) analysts sheds new light on the scope of the agency’s domestic email collection as part of its mandate to protect government computers.”

5. GCHQ-NSA SURVEILLANCE: European Parliament: Civil Liberties MEPs restart discussions on surveillance programmes and go to Washington in March (Press release, pdf): ““The Chair of the Civil Liberties, Justice and Home Affairs Committee and rapporteur on the US NSA and EU member states’ surveillance programmes, Claude Moraes (S&D, UK), presented his working document on the follow-up of the inquiry on electronic mass surveillance of EU citizens on Tuesday 24 February.”

See: Working document on on the Follow-up of the LIBE Inquiry on Electronic Mass Surveillance of EU Citizens (pdf) and Final: Report on the US NSA surveillance programme, surveillance bodies in various Member States and their impact on EU citizens’ fundamental rights and on transatlantic cooperation in Justice and Home Affairs (pdf): Rapporteur: Claude Moraes MEP

See also Statewatch Observatory EU-UK-GCHQ-USA-NSA: Data surveillance: June 2013 – ongoing

6. NSA-GCHQ: The Great SIM Heist – How Spies Stole the Keys to the Encryption Castle (The Intercept, link)

“AMERICAN AND BRITISH spies hacked into the internal computer network of the largest manufacturer of SIM cards in the world, stealing encryption keys used to protect the privacy of cellphone communications across the globe, according to top-secret documents provided to The Intercept by National Security Agency whistleblower Edward Snowden.

“The hack was perpetrated by a joint unit consisting of operatives from the NSA and its British counterpart Government Communications Headquarters, or GCHQ. The breach, detailed in a secret 2010 GCHQ document, gave the surveillance agencies the potential to secretly monitor a large portion of the world’s cellular communications, including both voice and data.”

The article notes that “the intelligence agencies accessed the email and Facebook accounts of engineers and other employees of major telecom corporations and SIM card manufacturers in an effort to secretly obtain information that could give them access to millions of encryption keys… In effect, GCHQ clandestinely cyberstalked Gemalto employees, scouring their emails in an effort to find people who may have had access to the company’s core networks and Ki-generating systems.

Documents (pdfs):


See also: Google opposes plan to let FBI hack any computer in the world (The Telegraph, link)

And: European Lawmakers Demand Answers on Phone Key Theft (The Intercept, link): “The European Parliament’s chief negotiator on the European Union’s data protection law, Jan Philipp Albrecht, said the hack was “obviously based on some illegal activities.” “Member states like the U.K. are frankly not respecting the [law of the] Netherlands and partner states,” Albrecht told the Wall Street Journal.”

7. UK-GCHQ: Thousands sign petition to discover if GCHQ spied on them – Privacy International campaign comes after tribunal rules that sharing between US and UK of intercepted communications was unlawful (Guardikan, link)

Sign up: Did GCHQ illegally spy on you? (link) and see Statewatch Observatory EU-UK-GCHQ-USA-NSA: Data surveillance

USING THE STATEWATCH WEBSITE

News Online: http://www.statewatch.org/news/newsfull.htm
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In the News: http://www.statewatch.org/news/Newsinbrief.htm
Observatories (20):  http://www.statewatch.org/observatories.htm
Analyses (1999 – ongoing): http://www.statewatch.org/analyses.htm
Statewatch Journal: Current issue: http://www.statewatch.org/contents/swjournal23n2.html
Statewatch Journal: Archive: Since 1991: http://www.statewatch.org/subscriber/
Database, over 30,000 items: http://database.statewatch.org/search.asp
Statewatch European Monitoring & Documentation Centre on Jutice and Home Affairs in the EU: http://www.statewatch.org/semdoc/
JHA Archive – EU Jutice and Home Affairs documents from 1976 onwards: http://www.statewatch.org/semdoc/index.php?id=1143
About Statewatch: http://www.statewatch.org/about.htm 
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Posted 6th March 2015 by InI in category "Europe", "National Security State

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