Statewatch News Online, 27 May 2010: Surveillance of “violent radicalisation” to embrace suspects from across the political spectrum

Home page: www.statewatch.org/
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1.   Statewatch Analysis: Surveillance of “violent radicalisation” to embrace suspects from across the politcal spectrum
2.   EU: FOOTBALL: Evaluation report
3.   EU: European Data Protection Supervisor (EDPS): Revision of FRONTEX’s mandate
4.   EU: Top EU leaders mark the International Day Against Homophobia
5.   EU: PRUM: Exchange of personal data: fingerprints, DNA and Vehicle registration data
6.   Update: EU: PRUM FRAMEWORK DECISION ON FINGERPRINTS: “Fishing expeditions”
7.   EU: Jesuit Refugee Service: Conference: Detention of Vulnerable Asylum Seekers and Irregular Migrants
8.   EU: Council of the European Union: The Council adopts negotiation mandate on SWIFT
9.   UNITED: List of 13,621 documented refugee deaths through Fortress Europe
10. EU: Council of the European Union: Schengen acquis and best practices: data protection
11. EP: Civil Liberties Committee refers Frontex surveillance at sea measures to the European Court of Justice
12. EU: Reflection Group report: Project Europe 2030
13. EU: Fundamental Rights Agency: Data Protection in the European Union
14. EU: Statewatch Analysis: The proposed European Investigation Order
15. EU-PAKISTAN RE-ADMISSION AGREEMENT
16. UK: Statewatch’s Observatory: ASBOwatch: updated:
17. European Commission: Action Plan on Unaccompanied Minors
18. IRELAND: Data Retention: DIGITAL RIGHTS IRELAND WINS RIGHT TO TAKE CASE TO ECJ
19. UK: ERASING DAVID film: He has nothing to hide but does he have nothing to fear?
20. EU: SIS II still in a mess?
21. EU: European Commission: First Annual Report on Immigration and Asylum
22. EU-USA: European Parliament: SWIFT: MEPs want to limit data transfers to USA
23. EP study: Current challenges regarding respect of human rights in the fight against terrorism
24. EU Fundamental Rights Agency: Separated, asylum-seeking children in European Union Member States

1. Statewatch Analysis:
Intensive surveillance of “violent radicalisation” extended to embrace suspected “radicals” from across the politcal spectrum
–  Targets include: “Extreme right/left, Islamist, nationalist, anti-globalisation etc” by Tony Bunyan:
www.statewatch.org/analyses/no-98-eu-surveillance-of-radicals.pdf

“Each agency in every state will be free to work to their own definitions and assumptions on individuals and groups and freely circulate these around the EU. What is being planned is a large-scale, automated, risk profiling system to target so-called “agents” of “radicalisation”. There are millions of people in the EU with “radical” ideas (in the eyes of the state) who may easily, in their own terms, use arguments which are also used by so-called RMs without any intention whatsoever of using or encouraging violence.

Furthermore this initiative comes on top of plans under the Stockholm Programme to create an EU-wide database on political activists (protestors) under the guise of tackling “violent troublemakers”. Under both plans any and all “radicals” could be targeted and everyday political life could become contaminated by unseen and unaccountable suspicions manufactured by agencies of the state. Open, legitimate political discussion and activity could be yet another casualty of the “war on
terrorism”.

See also: Statewatch Analysis: The right to protest: “Troublemakers” and “travelling violent offenders [undefined] to be recorded on database and targeted:
www.statewatch.org/analyses/no-93-troublemakers-apr-10.pdf

2. EU: FOOTBALL: Council of the European Union: Evaluation report on the degree of implementation of Council Decision 2007/412/JHA amending Decision 2002/348/JHA concerning security in connection with football matches with an international dimension:
www.statewatch.org/news/2010/may/eu-council-football-evaluation-9466-10.pdf

Across the EU National Football Information Points (NFIP) have accessed to, and exchange, personal data on football supporters who pose a “risk”. For example, the UK is one of 11 EU states which has a “database on risk supporters”. This may sound simple but there are major differences about who is a “risk” (excluding those who have been convicted of a violent offence) – in some EU states football exclusion orders from local grounds are civil offences in others criminal offences. In the UK there are Football Banning Orders (FBOs), stopping travel to matches in another country, those convicted of violent offences and those coming under “anti-social behaviour”.

See: Football Handbook: Defines: “A person, known or not, who can be regarded as posing a possible risk to public order or anti social behaviour,  whether planned or spontaneous, at or in connection with a football event” Point 4.7 ask for information on fans’ “Reactions to decisions of the referee” and 6.8 asks for information on fans: “Political way of thinking”: www.statewatch.org/news/2006/oct/eu-police-handbook-football.pdf

3.  EU: European Data Protection Supervisor (EDPS): Revision of FRONTEX’s mandate: EDPS calls for clear rules on data protection (Press release):
www.statewatch.org/news/2010/may/eu-edps-frontex-dp-prel.pdf and Full-text of Opinion: www.statewatch.org/news/2010/may/eu-edps-frontex-dp-opinion.pdf

“Peter Hustinx, EDPS, says: “I am surprised to see that the proposal is silent about the processing of personal data by FRONTEX, all the more so as the new legal framework in which FRONTEX is to operate in the near future is changing so fundamentally.

4. EU: Top EU leaders mark the International Day Against Homophobia:
www.statewatch.org/news/2010/may/eu-leaders-mark-international-day-against-homophobia.pdf

5. EU: PRUM: Exchange of personal data: fingerprints, DNA and Vehicle registration data (VRD): Implementation:

– Decisions: overview of documents and procedures – overview of declarations – state of play of implementation of automated data exchange:
www.statewatch.org/news/2010/may/eu-prum-info-exchange-implementation-5904-rev1-10.pdf

– Prüm/VRD evaluation of Finland: – Report of the evaluation visit (17-19 March 2010):
www.statewatch.org/news/2010/may/eu-prum-vehicle-data-finland-evaluation-9032-10.pdf
       
6. Update: EU: PRUM FRAMEWORK DECISION ON FINGERPRINTS: “Fishing expeditions” by large Member States leads to limits being imposed on automated searches for fingerprints on other states’ national databases. Latest limits placed on automated searches: Implementation of the “Prüm Decisions” regarding fingerprints– Search capacities (EU doc no: 5860/3/19): www.statewatch.org/news/2010/may/eu-fingerprints-info-exhange-prum-5860-rev3-10.pdf

7. EU: Jesuit Refugee Service: Public Conference: 8 June 2010: Detention of Vulnerable Asylum Seekers and Irregular Migrants in the European  Union:
www.statewatch.org/news/2010/may/eu-jrs-migrants-conference-flyer.pdf

8. EU: Council of the European Union: The Council adopts negotiation mandate on SWIFT:
www.statewatch.org/news/2010/may/eu-swift-council-adopts-mandate.pdf

Background: Full-text of mandate: SEC(2010)315: final: Full-text:
www.statewatch.org/news/2010/apr/eu-usa-swift-II-proposals-2.pdf

SWIFT: MEPs want to limit data transfers to USA (Press release, pdf) and: The European Parliament to vote on PNR (ASFJ blog, link):
afsj.wordpress.com/2010/05/04/the-european-parliament-to-vote-on-pnr/

9. UNITED: List of 13,621 documented refugee deaths through Fortress Europe:
www.statewatch.org/news/2010/may/eu-united-list-of-deaths.pdf

UNITED website (link): www.unitedagainstracism.org/

10. EU: Council of the European Union: Catalogue of recommendations for the correct application of the Schengen acquis and best practices: data protection:
www.statewatch.org/news/2010/may/eu-council-schengen-catalogue-data-protection.pdf

11. European Parliament: Civil Liberties Committee refers Frontex surveillance at sea measures to the European Court of Justice:
www.statewatch.org/news/2010/may/01ep-frontex-ecj.htm

12. EU: Reflection Group report: Project Europe 2030: Challenges and Opportunities A report to the European Council by the Reflection Group on the Future of the EU 2030: On justice and home affairs very general and little new thinking. Says that the “resistance” to sharing information has to go and that the powers of the agencies (SITCEN, Europol, Eurojust, Frontex) should be increased:
www.statewatch.org/news/2010/may/eu-reflection-group-2030.pdf

More generally the report says there needs to be more transparency and the image the EU tries to convey: “must be balanced, reflecting both strengths and weaknesses, rather than an idealised or overly pessimistic account. Instead of focusing on a communication policy which sometimes verges on propaganda, it would be preferable to communicate on policies, explaining frankly what is at stake and the different options available.” (emphasis added).

Tony Bunyan, Statewatch editor, comments: “Don’t hold your breath waiting for this to happen”

13. EU: Fundamental Rights Agency: Data Protection in the European Union: the role of National Data Protection Authorities:
www.statewatch.org/news/2010/may/eu-fra-dp-report.pdf

14. EU: Statewatch Analysis: The proposed European Investigation Order: Assault on human rights and national sovereignty by Steve Peers, Professor of Law, University of Essex: www.statewatch.org/analyses/no-96-european-investigation-order.pdf

 ”the combined abolition of dual criminality and territoriality requirements represents both a fundamental threat to the rule of law in criminal law matters – which is required by Article 7 ECHR (legal certainty of criminal offences) and Article 8 ECHR in this field (invasions of privacy must be in accordance with the law) – and an attack on the national sovereignty of Member States, which would in effect lose their power to define what acts are in fact criminal if committed on the territory of their State.”

For example: “The combination of these changes would mean that a person who committed an act which is legal in the Member State where the act was carried out could be subject to body, house and business searches, financial investigations, some forms of covert surveillance, or any other investigative measures within the scope of the Directive as regards any ‘crime’ whatsoever which exists under the law of any other Member State, if that other Member State extends jurisdiction for that crime beyond its own territory.”

15. EU-PAKISTAN RE-ADMISSION AGREEMENT: Letter from Migreurop to the European Parliament: Readmission agreement EU-Pakistan. The European Parliament has to deny its approval:www.statewatch.org/news/2010/may/ep-migreurop-letter-pakistan-agrement.pdf

French version: (link): www.migreurop.org/article1691.html

See: Full-text of proposed agreement:
www.statewatch.org/news/2010/may/eu-com-propsed-readmission-agreement-pakistan.pdf

and Statewatch Briefing on the Proposed agreement and MEPs reactions:
www.statewatch.org/analyses/no-97-readmission-agreements-pakistan.pdf

16. UK: Statewatch’s Observatory: ASBOwatch: monitoring the use of Anti-Social Behaviour Orders has been updated:
www.statewatch.org/asbo/ASBOwatch.html

17. European Commission adopted 6 May 2010: Action Plan on Unaccompanied Minors (2010 – 2014) (COM 213):
www.statewatch.org/news/2010/may/eu-com-action-plan-unaccompanied-minors-com-213-3-10.pdf

See also: Commission Staff Working Document (SEC 534):
www.statewatch.org/news/2010/may/eu-com-action-plan-unaccompanied-minors-sec-534.pdf

18. IRELAND: Data Retention: DIGITAL RIGHTS IRELAND WINS RIGHT TO TAKE CASE TO ECJ: Judgment re Preliminary Reference, Standing, Security for Costs (link):
www.scribd.com/doc/30950035/Data-Retention-Challenge-Judgment-re-Preliminary-Reference-Standing-Security-for-Costs

This is a copy of a judgment of the Irish High Court in relation to the constitutional challenge brought by Digital Rights Ireland against data retention in Europe.

See also: European Court to rule on communications data retention (link):
www.vorratsdatenspeicherung.de/content/view/366/1/lang%2Cen/

19. UK: ERASING DAVID film: He has nothing to hide but does he have nothing to fear? (link):
erasingdavid.com/

The No2ID campaign comments: “*’Erasing David’ is an exciting new feature length documentary that explores our personal relationship with the Database State.”

20. EU: SIS II still in a mess? SIS II was meant to be up and running in 2007. France, Germany and Austria stated at the Article 36 Committee on 12-13 April 2010 that the “milestone 1 test failed” for SIS II (Schengen Information System) as it did not happen in operational conditions. Germany added that the Commission’s proposal for a “completely new system” meant that Member States “would lose their national investments.” Their serious doubts were shared by Poland, Slovenia, Netherlands and Switzerland and Ireland, Sweden and Latvia agreed with the comments on finance. Only six Member States took a contrary view. The UK’s contribution was to say that it did not wish to see the dissenting opinions “stated in the draft Council conclusions.” See pages 8-9: Outcome of proceedings of CATS on 12 and 13 April 2010:
www.statewatch.org/news/2010/may/eu-council-cats-outome-9371-10.pdf

Background: EU security database upgrade could be scrapped (euobserver, 16 January 2009):
euobserver.com/?aid=27420

21. EU: European Commission: A vague and brief: First Annual Report on Immigration and Asylum (2009) (12 pages, COM 214):
www.statewatch.org/news/2010/may/eu-com-1st-annual-report-immigration-asylum-2009.pdf

It has been pointed out to Statewatch that this is not the “first” report on immigration and asylum produced by the Commission. The “first” report was published in 2001 and is over 500 pages long: see: Annual Report on Asylum and Migration (2001) (link):
ec.europa.eu/justice_home/doc_centre/asylum/statistics/doc_annual_report_2001_en.htm

22. EU-USA: European Parliament: SWIFT: MEPs want to limit data transfers to USA (Press release):
www.statewatch.org/news/2010/may/ep-swift-prel.pdf

Background: The European Parliament to vote on PNR (ASFJ blog, link)
afsj.wordpress.com/2010/05/04/the-european-parliament-to-vote-on-pnr/

23. European Parliament study: Current challenges regarding respect of human rights in the fight against terrorism:
www.statewatch.org/news/2010/apr/ep-hr-and-terrorism-report.pdf

     “much of the legacy of the past eight years’ counter-terrorism practices remains in place, including the Guantanamo Bay detention centre. Investigations in
     EU Member States into allegations of complicity in renditions and secret detentions have been hampered in particular by claims of state secrecy and there
     has been little progress concerning providing reparations to the victims of rendition, or bringing to justice responsible officials, in either Europe or the United
     States. Regarding the recent impetus for EU-US co-operation, it is essential that co-operative counter-terrorism measures uphold EU standards of human
     rights and the rule of law.”

24. EU Fundamental Rights Agency report: Separated, asylum-seeking children in European Union Member States:
www.statewatch.org/news/2010/apr/fra-separated-asylm-seekers.pdf

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Statewatch: Monitoring the state and civil liberties in Europe
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tel: +44(0)20-8802-1882; fax: +44(0)20-8880-1727
www.statewatch.org

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