The New Dark Age

26 July, 2010 — Statewatch

Statewatch European Documentation Centre (SEMDOC): www.statewatch.org/semdoc/
Sitemap: www.statewatch.org/sitemap.htm

1.    EU: FRONTEX-EU’s External Borders Agency: Management Board: Analysis and Assessment 2009
2.    EU: European Commission: Overview of information management
3.    EU: Anti-Counterfeiting Trade Agreement (ACTA): Letter from Article 29 Working Party on data protection
4.    UK: G20-IAN TOMLINSON’S DEATH
5.    EU: European arrest warrant still ‘delivering injustice’
6.    UK: Statewatch Analysis: The Misuse of Section 44 stop and search powers
7.    FRANCE: CNDS report into Vincennes detention centre death
8.    EU: INVESTIGATION ORDER: Council of the European Union: Discussion paper
9.    EU: Annual report: European Data Protection Supervisor (EDPS) on Eurodac
11.  UK: Iraq inquiry: Ex-MI5 boss says war raised terror threat
12.  EU: SCHENGEN INFORMATION SYSTEM: SIS II: Major battle between Council and the Commission
13.  FRANCE: Report on the fate of migrants on arrival and following deportation
14.  Statewatch Analysis: The Droning of the Drones
15.  EU DATA PROTECTION: Under the Stockholm Programme
16. EU: READMISSION AGREEMENTS with third countries
17.  Italy: Justice of the peace annuls expulsion for Rosarno migrant
18.  CoE: Prohibiting the marketing and use of the “Mosquito” youth dispersal device
19.  Netherlands: Dutch can ban foreigners from coffeeshops, says EU top court
20.  EU: Informal Justice and Home Affairs Ministers meeting
21.  UK: ID CARD BILL: NO2ID Parliamentary Briefing
22.  CoE: Parliamentary Assembly: Readmission agreements: a mechanism for returning irregular migrants

1. EU: FRONTEX-EU’s External Borders Agency: Management Board: Analysis and Assessment of Frontex’ Annual Activity Report 2009:
www.statewatch.org/news/2010/jul/eu-frontex-assessment-2009-12499-10.pdf

This includes a demand that Frontex be allowed to collect, store and exchange personal data in “a centralised system”. Frontex wants to become an independent intelligence-gathering agency and is particularly keen to exchange personal data with the USA. There is no reference to Europol’s long-standing role in gathering intelligence held in its Analysis Work Files (AWF’s).

See also the reservations in the Opinion of the European Data Protection Supervisor (EDPS) on Frontex’s Joint Returns Operations (JROs):
www.statewatch.org/news/2010/may/eu-edps-frontex-dp-prior-checking-opinion.pdf

2. EU: European Commission: Overview of information management in the area of freedom, security and justice (COM 385, 53 pages):
www.statewatch.org/news/2010/jul/eu-com-overview-information-management-com-385-10.pdf

A detailed description of the current and planned databases (or automated direct access) at the heart of the EU state.

3. EU: Anti-Counterfeiting Trade Agreement (ACTA): Letter from Article 29 Working Party on data protection:
www.statewatch.org/news/2010/jul/eu-art-29-wp-acta-letter.pdf

Latest draft texts: Anti-Counterfeiting Trade Agreement (link, 8 MB, 1 July 2010):
www.laquadrature.net/files/ACTA_consolidatedtext_EUrestricted130710.pdf

The EU (represented by the Commission) is taking part in negotiations on the drafting of ACTA.

4. UK: G20-IAN TOMLINSON: See also: INQUEST Press release: Eyes of the world look on with incredulity as family brand decision of DPP not to prosecute officer who struck Tomlinson a joke: www.statewatch.org/news/2010/jul/uk-inquest-tomlinson-death-prel.pdf

and: Advice to charge police officer over Ian Tomlinson death ignored (Guardian, link):
www.guardian.co.uk/uk/2010/jul/22/ian-tomlinson-g20-cps-ruling/print

5. EU: European arrest warrant still ‘delivering injustice’ (euobserver, link)
euobserver.com/9/30527?print=1

European Arrest Warrant (EAW) statistics: the European arrest warrant – Year 2009:
www.statewatch.org/news/2010/jul/eu-council-eaw-figs-2009-7551-rev3-10.pdf

Poland (4,844), Germany (2,433), and France (1,240) issued the most EAWs in 2009. Similarly, Poland (3,957), Germany (2,433) and France (935) transmitted EAWs via the Schengen Information System (SIS). The respective figures for the effective surrender of the person sought were Poland (1,367), Germany (777) and France (420) – these figures may include EAWs issued in 2008. The EU states receiving the most EAWs in 2009 were: Spain (1,629), France(967), Netherlands (683), Czech Republic (310) and Poland (683). The numbers arrested under a EAW were: Spain (1,232), Germany (1,208), France (789) and Ireland (463). In Spain 504 people consented to the surrender and 740 did not and in the Netherlands 67 consented and 341 did not. No figures are given on the number of convictions following the issuing of an EAW. No figures were provided by the UK.

6. UK: Statewatch Analysis: The Misuse of Section 44 stop and search powers continues despite European Court ruling by Max Rowlands:
www.statewatch.org/analyses/no-105-uk-section-44.pdf

and see Update: Section 44 anti-terrorism stop and search powers scrapped by Max Rowlands:
www.statewatch.org/news/2010/jul/03uk-terr-powers.htm

7. FRANCE: CNDS report into Vincennes detention centre death:
www.statewatch.org/news/2010/jul/06france-vincennes.htm

8. EU: INVESTIGATION ORDER: Council of the European Union: Discussion paper on the European Investigation Order:
www.statewatch.org/news/2010/jul/eu-council-discussion-paper-eu-investigation-order-11842-10.pdf

Initiative for a Directive of the European Parliament and of the Council regarding the European Investigation Order in criminal matters – Detailed Statement (42 pages):
www.statewatch.org/news/2010/jun/eu-coucil-investigation-order-det-statement-9288-add2-10.pdf

See: Initiative for a Directive of the European Parliament and of the Council regarding the European Investigation Order in criminal matters:
www.statewatch.org/news/2010/apr/eu-council-investigation-order-9145-10.pdf

See also: 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

9. EU: Annual report by the European Data Protection Supervisor (EDPS) on Eurodac: Coordinated Supervision of Eurodac: Activity Report 2008-2009:
www.statewatch.org/news/2010/jul/eu-council-edps-report-eurodac-2008-2009-11889-10.pdf

10. EU: European Commission: Proposal on the right to information in criminal proceedings: Press release:
www.statewatch.org/news/2010/jul/eu-com-letter-rights-prel.pdf

and Proposal for a Directive on on the right to information in criminal proceedings:
www.statewatch.org/news/2010/jul/eu-com-crim-proceedings-right-to-info.pdf

11.  UK: Iraq inquiry: Ex-MI5 boss says war raised terror threat (BBC News, link): “The invasion of Iraq “substantially” increased the terrorist threat to the UK, the former head of MI5 has said.”: www.bbc.co.uk/news/uk-politics-10693001

and Former MI5 chief delivers damning verdict on Iraq invasion (Guardian, link):
www.guardian.co.uk/uk/2010/jul/20/chilcot-mi5-boss-iraq-war/print

12. EU: SCHENGEN INFORMATION SYSTEM: SIS II: Major battle between Council and the Commission
www.statewatch.org/news/2010/jul/05aust-ger-sis-II.htm

– Austria and Germany launch stinging attack on Commission
– the cost has risen by 1000% from 15 million euro to 143 million euro
– the Commission new plans envisage SIS II’s capabilities will be “far beneath the capacities” of SIS I+

13. FRANCE: Report on the fate of migrants on arrival and following deportation
www.statewatch.org/news/2010/jul/01france-migrants-deportation.htm

“In April 2010, Anafé (Association Nationale d’Assistance aux Frontières pour les Étrangers), a network of 23 associations that provides assistance to foreigners who arrive at French border points, published a report that seeks to document the experience of migrants who have been deported, entitled “On the other side of the border: monitoring of refouled people”.”

14. Statewatch Analysis: The Droning of the Drones: The increasingly advanced technology of surveillance and control (pdf) by Volker Eick
www.statewatch.org/analyses/no-106-the-droning-of-drones.pdf

“The use of unmanned aerial vehicles (UAVs) or drones has increased in recent years, but not only in the military and intelligence fields. These reusable vehicles are increasingly used in the civil sector, an expression of the increasing convergence between military, intelligence and civil security policy, economy, technology and research.”

15. EU DATA PROTECTION: Under the Stockholm Programme and provisions of the Lisbon Treaty the European Commission is due to present this year: 1) Communication on a new legal framework for the protection of personal data after the entry into force of the Lisbon Treaty; 2) New comprehensive legal framework for data protection; 3) Recommendation to authorise the negotiation of a personal data protection agreement for law enforcement purposes with the USA and 4) Communication on Privacy and trust in Digital Europe: ensuring citizens’ confidence in new services. As background to the first and second proposal the Commission has published an in-depth study: New Challenges to Data Protection Study – Final Report:
www.statewatch.org/news/2010/jul/eu-com-dp-study.pdf

“The purpose of the study was to identify the challenges for the protection of personal data produced by current social and technical phenomena such as: the Internet; globalisation; the increasing ubiquity of personal data and personal data collection; the increasing power and capacity of computers and other data-processing devices; special new technologies such as RFID, biometrics, face (etc.) recognition, etc.; increased surveillance (and “dataveillance”); and increased uses of personal data for purposes for which they were not originally collected, in particular in relation to national security and the fight against organised crime and terrorism.”

See also: Working Paper No 1: The challenges to European data protection laws and principles (link):
ec.europa.eu/justice_home/fsj/privacy/docs/studies/new_privacy_challenges/final_report_working_paper_1_en.pdf

Working Paper 2 – Data protection laws in the EU (link):
ec.europa.eu/justice_home/fsj/privacy/docs/studies/new_privacy_challenges/final_report_working_paper_2_en.pdf

Comparative Chart of National Laws (link) and Country Report on Greece:
www.statewatch.org/news/2010/jul/eu-com-dp-study-greece.pdf

It might be thought that the promised comprehensive review of the 1995 EU Directive on data protection under proposals 1 & 2 – which will take several years to complete – would precede any over-arching agreement with the USA on data protection and information exchange covering any crime however minor – however, the Commission has already adopted its negotiating position in order to start talks with the USA with a view to a quick agreement being put in place.

16. EU: READMISSION AGREEMENTS with third countries
www.statewatch.org/news/2010/jul/04eu-readmission-agreements.htm

17. Italy: Justice of the peace annuls expulsion for Rosarno migrant
www.statewatch.org/news/2010/jul/02italy-migrant-expulsion.htm

On 11 June 2010 in Bari, justice of the peace Rita Calvi annulled the expulsion order issued by the prefect (government representative in charge of security) of Bari on 10 January 2010 regarding a Ghanaian migrant who worked as a seasonal citrus fruit picker and was among those evacuated by authorities from Rosarno in Calabria after the disturbances between locals and African workers that occurred in early January 2010 and led to the wholesale removal of the latter, whose lives were at risk.

18. Council of Europe: Parliamentary Assembly: Prohibiting the marketing and use of the “Mosquito” youth dispersal device (Press release):
www.statewatch.org/news/2010/jul/coe-parl-ass-mosquito.pdf

and Full report: www.statewatch.org/news/2010/jul/coe-parl-ass-mosquito-report.pdf

19. Netherlands: Dutch can ban foreigners from coffeeshops, says EU top court (euobserver, link):
euobserver.com/9/30493?print=1

20. EU: Informal Justice and Home Affairs Ministers meeting in Brussels: European The European Interior Ministers approve a European security plan to be put in place by 2014 (Press release): www.statewatch.org/news/2010/jul/eu-informal-jha-european-security-plan-prel.pdf

21. UK: ID CARD BILL: NO2ID Parliamentary Briefing on Commons Second Reading of the Identity Documents Bill:
www.statewatch.org/news/2010/jul/uk-no2id-id-bill-2nd-reading-briefing.pdf

“the Bill as currently drafted will create a shadow of the National Identity Register (not an actual Register, but the essence of one) in relation to every ‘identity document’ in
circulation – a list of information that potentially must, under criminal penalties, be kept”

22. Council of Europe: Parliamentary Assembly: Readmission agreements: a mechanism for returning irregular migrants:
www.statewatch.org/news/2010/jul/coe-parl-ass-readmission-agreement.pdf

“There is, however, a risk that readmission agreements pose a threat, directly or indirectly, to the human rights of irregular migrants or asylum seekers. This concerns, in particular, the risk that the sending or the readmitting country fails to honour their obligations under the Geneva Convention Relating to the Status of Refugees (the 1951 Geneva Convention) “

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