The New Dark Age

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1.    EU: Statewatch publication: Guide to EU decision-making and justice and home affairs after the Lisbon Treaty
2.    EU: Statewatch Analysis: The EU Justice and Home Affairs agenda in 2011
3.    EU: Council Presidency (Hungary): Provisional Justice and Home Affairs Council Agendas
4.    Statewatch Analysis: Case Law Summary: EU access to documents Regulation
5.    Germany: Under permanent observation
6.    EU: European Parliament: Draft report: combating sexual abuse, sexual exploitation of children
7.    European Parliament: Frontex proposal draft reprt
8.    EU-funded police research on policing protests
9.    SWEDEN-USA: Wikileaks: exchanges of intelligence information
10.  EU-USA: European Commission: Health and Human Services Cooperation
11.  EU-USA: Think tanks report: “Shoulder to shoulder”: Forging a Strategic US-EU Partnership
12.  EU: European Data Protection Supervisor (EDPS): EU Internal Security Strategy
13.  EU: European Commission: Communication on the procedures for the scrutiny of Europol’s activities
14.  UK: Kettle tactics risk Hillsborough-style tragedy – doctor
15.  EU: New SitCen Director appointed
16.  UK-EU: Europe tells Britain to justify itself over fingerprinting children
17.  EU: European Commission: Fifth report civil aviation security
18.  FRANCE: Letter against “behaviour” controls on public data reuse signed by 35 NGOs
19.  EU: European Parliament: Parliament approves tougher rules to combat trafficking in human beings
20.  Hungary: Hungarian Media Law fuels international concern
21.  EU: Data Protection Supervisor (EDPS): Data protection compliance in the EU administration

1. Statewatch publication: Guide to EU decision-making and justice and home affairs after the Lisbon Treaty by Steve Peers, Professor of Law, University of Essex, with additional material by Tony Bunyan:
www.statewatch.org/analyses/no-115-lisbon-treaty-decision-making.pdf

2.  EU: Statewatch Analysis: The EU Justice and Home Affairs agenda in 2011 by Steve Peers, Professor of Law, University of Essex: This analysis sets out the current and planned JHA proposals for legislation, and the likelihood of agreement on these measures in 2011:
www.statewatch.org/analyses/no-117-eu-jha-agenda-2011.pdf

3.  EU: Council Presidency (Hungary): Provisional Justice and Home Affairs Council Agendas: February, April and June 2011 (edited) which contains:
www.statewatch.org/news/2010/dec/eu-council-provisional-agendas-2011-jha-meetings.pdf

– “A” items – Legislative – “A” items – Non-legislative – “B” items – Legislative – “B” items – Non-legislative – Mixed Committee

“A” items are “nodded through” and adopted without debate. “B” items are discussed by Ministers in the meetings and at the MIxed Committee..

“B” items – Non-legislative items for the Feburary 2011 meeting include the following: Presentation by the Commission of the Communication on the evaluation and future strategy for EU readmission agreements; (poss.) Implementation of the Internal Security Strategy; Adoption of the Council conclusions – Strategy for the effective implementation of the Charter of Fundamental Rights by the EU; Adoption of the Council conclusions: A comprehensive approach on personal data protection in the EU; Adoption of the Council conclusions: European Arrest Warrant – implementation report; Report by the Commission on the revision of the first six months of the implementation of the EU-US TFTP agreement.

4. Statewatch Analysis: Case Law Summary: EU access to documents Regulation (142 pages, small pdf). Prepared by Steve Peers, Professor of Law, University of Essex: www.statewatch.org/analyses/no-116-eu-case-law-summary-access-regulation.pdf

“The following summary sets out systematically the case law of the EU Courts (the Court of Justice and the lower court, the General Court – previously known as the Court of First Instance) concerning the EU’s access to documents regulation (Reg. 1049/2001).”

5. Germany: Under permanent observation by Rolf Gössner:
www.statewatch.org/news/2010/dec/04germany-under-permanent-surveillance.htm

“Since 1970, I have been under uninterrupted observation and investigation for nearly four decades by the Federal Office for the Protection of the Constitution (OPC), the domestic secret service, which is difficult to monitor and has an anti-communist character. They watched me as a law student and later throughout my working life, in all my professional and voluntary roles – as a commentator on current affairs, as a lawyer, a parliamentary adviser, a board member of the International League for Human Rights, co-editor of the yearly Report on Constitutional Rights and of the fortnightly Ossietzky, and as a member of the jury awarding the negative prize the ‘Big Brother Award’.”

6.  EU: European Parliament: Draft report: On the proposal for a directive of the European Parliament and of the Council on combating sexual abuse, sexual exploitation of children and child pornography, repealing Framework Decision 2004/68/JHA (COM(2010)0094 – C7-0088/2010 – 2010/0064(COD)):: Committee on Civil Liberties, Justice and Home Affairs, Rapporteur: Roberta Angelilli:
www.statewatch.org/news/2010/dec/ep-draft-angelili-report-combating-sexual-exploitation.pdf

7. European Parliament: Commission proposal and EP amendments proposed: Proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 2007/2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (FRONTEX): www.statewatch.org/news/2010/dec/ep-draft-angelili-report-combating-sexual-exploitation.pdf

8. EU-funded police research on policing protests: “Good practice for dialogue and communication as strategic principles for policing political manifestations in Europe” (GODIAC): www.statewatch.org/news/2010/nov/eu-policing-protests-godiac-project.pdf

This project is lead by the Swedish National Police Board with 20 partner organisations in 11 countries with a budget over three years of 1,206,431 euro. It is 70% funded by the Commission DG on Home Affairs under the programme: “Prevention of and fight against Crime”. This outline argues that: “With the internationalisation of demonstrations, there is a need for an internationalisation of knowledge”, which includes: “knowledge on demonstrators and activists, their ideology, mobility and strategies towards the police.”

9. SWEDEN-USA: Wikileaks: November 2008 Note the exchanges of intelligence information (Secret: due for declassification in 2018):
www.statewatch.org/news/2010/dec/sweden-usa-intell-sharing-wikileaks.pdf

The Note shows that both sides went along with the existing “informal channels” as a formal agreement might be “highly difficult”. The exchange of intelligence with the USA covers not just that on terrorism but also on “asylum cases” and “a wide range of law enforcement”. See also: Calls to probe Sweden-US intel contacts (The Local, link): www.thelocal.se/article.php?ID=30654&print=true

10. EU-USA: European Commission: Memorandum of Understanding between the European Commission and the United States Department of Health and Human Services on Cooperation Surrounding Health Related Information and Communication Technologies:
www.statewatch.org/news/2010/dec/eu-usa-memorandum-of-understanding-e-health.pdf

“The scope of this Memorandum of Understanding is cooperation on topics directly pertaining to the use and advancement of eHealth/health IT, in pursuit of improved health and health care delivery as well as economic growth and innovation” which raises fundamental issues of data-sharing, privacy and data protection as it goes on to say: “Development of internationally recognised and utilised interoperability standards and interoperability implementation specifications for electronic
health record systems that meet high standards for security and privacy protection”. To be sure everyone wants the “high standards” of security for their personal health records (ie: they should not be lost) but what chance is there of the “highest standards” for privacy?

11. EU-USA: Think tanks report: “Shoulder to shoulder”: Forging a Strategic US-EU Partnership:
www.statewatch.org/news/2010/dec/eu-usa-shoulder-to-shoulder-report.pdf

12. EU: European Data Protection Supervisor (EDPS): EU Internal Security Strategy: “Security and privacy concerns should be equally taken serious” says EDPS (Press release): www.statewatch.org/news/2010/dec/eu-edps-internal-security-strategy-prel.pdf

and Opinion: www.statewatch.org/news/2010/dec/eu-edps-internal-security-strategy-opinion.pdf

“Peter Hustinx, EDPS, says: “Internal security is an area where there are clear risks of intrusions into the citizens’ privacy. This is why security and privacy concerns should be equally taken serious. I am convinced that an effective Internal Security Strategy can not be put in place without the support of a solid data protection scheme complementing it. In other words: no zero sums of privacy and security, we need them both!”

13. EU: European Commission: Communication on the procedures for the scrutiny of Europol’s activities by the European Parliament, together with national Parliaments:
www.statewatch.org/news/2010/dec/eu-com-europol-scrutiny-776-10.pdf

14. UK: Kettle tactics risk Hillsborough-style tragedy – doctor: Crush of student protesters on Westminster Bridge compared to 1980s stadium disaster (Observer):
www.guardian.co.uk/uk/2010/dec/19/police-kettle-risk-crush-hillsborough/print

15. EU: New SitCen Director appointed: Catherine Ashton, EU High Representative for Foreign and Security Policy, announced on 17 December the appointment of Ilkka Salmi as Director for the EU Situation Centre: Council Press Release:
www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/EN/foraff/118625.pdf

16. UK-EU: Europe tells Britain to justify itself over fingerprinting children in schools (Daily Telegraph, link)
www.telegraph.co.uk/news/worldnews/europe/eu/8202076/Europe-tells-Britain-to-justify-itself-over-fingerprinting-children-in-schools.html

17. EU: European Commission: Fifth report on the implementation of Regulation (EC) No 2320/2002 establishing common rules in the field of civil aviation security (COM 725-10): www.statewatch.org/news/2010/dec/eu-com-aviation-security-725-10.pdf

“While, overall, a high level of security continues to be ensured in the EU, Commission inspections have – as in previous years – revealed some shortcomings. These most commonly related to staff screening and cargo processing requirements.”

18.  FRANCE: Letter to the French Government and Members of the Parliament against “behaviour” controls on public data reuse signed by 35 NGOs:
www.statewatch.org/news/2010/dec/france-ngo-letter-dec-10.pdf

See: Access-Info: Press release (link):  www.access-info.org/documents/documents/Press_Releases/2010_12_14_Press_Release_France_Control_letter.pdf

See also: Statement by Collectif Liberté Egalité Justice (CLEJ, Collective for Freedom, Equality and Justice): LOPPSI 2: not in our name!:
www.statewatch.org/news/2010/dec/02france-loppsi-2.htm

19. EU: European Parliament: Parliament approves tougher rules to combat trafficking in human beings (Press release):
www.statewatch.org/news/2010/dec/ep-ltr-resolution-dec-10.pdf

See also: Statewatch Analysis: The new Directive on trafficking in persons by Steve Peers, Professor of Law, University of Essex
www.statewatch.org/analyses/no-114-ltr.pdf

20. Hungary: Hungarian Media Law fuels international concern:
www.statewatch.org/news/2010/dec/hungary-press-freedom-prel.pdf

“The European Newspaper Publishers’ Association (ENPA) and the World Association of Newspapers and News Publishers (WAN-IFRA), expressed concern at a draft law that would impose extensive fines against journalists and publishers if they refuse to disclose their sources or publish information deemed inappropriate by the government.”

See also: European Journalists Reject the new Hungarian Media Bill and Call for New Talks (European Federation of Journalists):
europe.ifj.org/en/articles/european-journalists-reject-the-new-hungarian-media-bill-and-call-for-new-talks.print

21. EU: DATA PROTECTION: European Data Protection Supervisor (EDPS): Data protection compliance in the EU administration: EDPS adopts comprehensive policy on supervision and enforcement (Press release)
www.statewatch.org/news/2010/dec/eu-edps-compliance-prel.pdf

and Opinion: www.statewatch.org/news/2010/dec/eu-edps-compliance-opinion.pdf

“the EDPS believes that the time has come to take a more robust approach to enforcement, particularly in cases of serious, deliberate or repeated non compliance with data protection principles.”

Happy New Year to all our readers!

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