Statewatch News Online, 20 August 2012 (15/12)

012 — http://www.statewatch.org/  e-mail: office@statewatch.org

1.     European Court of Human Rights to examine complaint against ban on anonymous prepaid mobile phone cards
2.    GREECE: Racist Violence Recording Network: Fatal attack on Iraqi in Athens
3.    EU: Council of the European Union: False documents, HLWG Asylum & Migration, ICAO, Civilian Capability, SOCTA, Public Order
4.    France: Ministry of Interior unveils “hotspot” policy to tackle “rooted delinquency”
5.    EU: Revision of Data Retention Directive put on hold with “no precise timetable” for a new proposal
6.    UK: Commissioner’s annual reports: Interception of Communications and Surveillance: More information or a lot less?
7.    UK: Interception, Surveillance, Intelligence and Security Service Annual Reports
8.    GREECE: Pro Asyl: The systematic ill-treatment of migrants and refugees by state agewnts in Patras
9.    EU: Council of the European Union: Report on: European Police Chiefs Convention
10.  USA: Government Accountability Office (GAO): Federal Law Should Be Updated to Address Changing Technology Landscape)
11.  EU: NEW REGULATION ON DATA PROTECTION: National concerns over the proposed EU Data Protection Regulation
12.  UK: Thousands of workers ‘blacklisted’ over political views – Commissioner urged to investigate ‘secret database’ used by the construction industry
13.  GREECE: “Xenios Zeus” campaign continues
14.  EU: Council of the European Union: Internal Security Fund, Asylum and Migration Fund and Croatia: International agreements
15.  EU: Statewatch Analysis: The EU-US Working Group on Cyber Security       and Cyber crime
16.  EU: Council of the European Union: JSB & Eurojust, EU Ombudsman and the Council and PRUM
17.  EU: Council of the European Union: Eurodac & LEAs, Eurosur and EASO
18.  EU: Statewatch Analysis: State Trojans: Germany exports „spyware with a badge‰ 
19.  ITALY-GREECE: Human Cargo: Arbitrary readmissions from the Italian sea ports to Greece: PRO ASYL Foundation in co-operation with the Greek Council for Refugees:
20.  EU institutions fail to improve governance of EU regulatory agencies
21.  EU: Council of the European Union: State of play: Mutual recognition to judgments in criminal matters imposing custodial sentences
22.  UK: Statewatch Analysis: A „clean city‰: the Olympic Games and civil liberties
23.  EU: European Commission: SECURITY INDUSTRY
24.  EU: European Commission: 2011 Activity Report of the Agency for the operational management of large-scale IT systems

1.  European Court of Human Rights to examine complaint against ban on anonymous prepaid mobile phone cards
012/aug/07echr-mobiles.htm

A member of the Schleswig-Holstein parliament and a civil liberties activist have filed a complaint with the European Court of Human Rights against a German law which makes identification compulsory when buying prepaid mobile phone SIM cards. Laws to that effect exist in 9 of the 27 EU Member States (Bulgaria, Denmark, France, Germany, Greece, Hungary, Italy, Slovakia and Spain). The applicants hope that the Court will recognize their right to anonymous communications and anonymous Internet access.
 
2. GREECE: Racist Violence Recording Network: Fatal attack on Iraqi in Athens:
012/aug/greece-racist-attack-death-iraqi.pdf

012, in the centre of Athens, the United Nations High Commissioner for Refugees (UNHCR), the National Commission for Human Rights (NCHR) along with the 19 NGOs and other bodies that constitute the Racist Violence Recording Network* strongly condemn, once again, acts of racist violence and call on the Greek Government and competent authorities to take immediate measures to address the escalation of racist attacks.”

3. EU: Council of the European Union: False documents, HLWG Asylum & Migration, ICAO, Civilian Capability, SOCTA, Public Order

– FALSE DOCUMENTS: Working Party on Frontiers/False Documents – Mixed Committee (EU – Iceland/Liechtenstein/Norway/Switzerland) dated: 30 May 2012 Subject: Summary of discussions (pdf) Includes “State of FADO play” in Appendix:
012/aug/eu-council-false-docs-11594-12.pdf

– HLWG: High Level Working Group on Asylum and Migration (HLWG) (Doc no: 11927-12) Includes in Annex:
012/aug/eu-council-hlwg-migration-11927-12.pdf

012: This document provides an updated overview of the main external migration dialogue processes implemented in the framework of the EU Global Approach. The document is compiled for the information of the EU High Level Working Group on Migration and Asylum by the responsible European Commission services, in association with the EEAS.”

– HLWG High Level Working Group on Asylum and Migration (HLWG) (Doc no: 11928-12,pdf) Includes in Annex: 
012/aug/eu-council-hlwg-migration-11928-12.pdf

012: This document provides an updated overview of the main external migration dialogue processes implemented in the framework of the EU Global Approach to Migration and Mobility (GAMM). The document is compiled for the information of the EU High Level Working Group on Migration and Asylum by the responsible European Commission services, in association with the EEAS.”

EU-ICAO: Preparation of the ICAO High Level Conference on Aviation Security (Montreal, 12-14 September 2012) – European Union coordination of a common position. With detailed Annex for meeting in Montréal, 12 to 14 September 2012:
012/aug/eu-council-icao-prep-12431-12.pdf

– European External Action Service (EEAS): To: : Political and Security Committee (PSC) Subject : Multi-annual Civilian Capability Development Plan (Doc no: 12110-12):
012/aug/eu-eeas-civilian-capability-action-plan-2012-2013-12110-12.pdf

– European External Action Service (EEAS) To: Political and Security Committee (PSC): Subject : Multi-annual Civilian Capability Development Plan: Action Lines for 2012-2013 (12111-12):  012/aug/eu-eeas-civilian-capability-action-plan-2012-2013-12111-12.pdf

– SOCTA: Serious and Organised Crime Threat Assessment (SOCTA) – Methodology (28 pages):
012/aug/eu-council-europol-socta-methodology-12159-12.pdf

– PUBLIC ORDER: List of permanent contact points concerning public order: 
012/aug/eu-council-ms-public-order-contacts-12381-12.pdf

4.  France: Ministry of Interior unveils “hotspot” policy to tackle “rooted delinquency”
012/aug/06france-zps.htm

In a note released on 30 July 2012, the French Interior Minister Manuel Valls announced the launch of a new security policy targeting newly identified “priority security areas” (Zone prioritaires de sécurité, ZPS). [1] The project will be launched in 15 pilot cities in September 2012.

5.  EU: Revision of Data Retention Directive put on hold with “no precise timetable” for a new proposal
012/aug/04eu-mand-ret.htm

Revision of the controversial EU Data Retention Directive – which requires the storage of internet and phone records for between six months and two years – has been put on hold by the European Commission. It is now seeking to establish a new data protection regime before revising the Data Retention Directive at the same time as a conflicting piece of legislation, the e-Privacy Directive.

See also Statewatch‘s Observatory: The surveillance of telecommunications in the EU (from 2004 and ongoing):
http://www.statewatch.org/eu-data-retention.htm

6.  UK: Commissioner’s annual reports: Interception of Communications and Surveillance: More information or a lot less?
012/aug/02uk-tel-tap-2011.htm 

– Interception Commissioner cuts three of four annual aggregate statistics and claims giving more information would aid criminals
– Surveillance Commissioner complains again about the lack of resources to do the job properly

Tony Bunyan, Statewatch Director, comments:

“To suggest that providing aggregate figures – as has been the case for the last fourteen years – on the number of warrants in force on 31 December and the number of warrant “modifications” would aid criminals or endanger national security is simple nonsense.

The voluminous report of the Interception Commissioner is primarily concerned with showing how good a job he does on inspecting the agencies. But as an exercise in democratic accountability it is greatly wanting with the Commissioner releasing less information that ever before.”

See also Statewatch‘s Observatory on: UK: Surveillance Statistics: 1937-2011:
http://www.statewatch.org/uk-tel-tap-reports.htm

7.  UK: Interception, Surveillance, Intelligence and Security Service Annual Reports:

– 2011 Report of the Interception of Communications Commissioner: 
012/jul/uk-interception-of-communications-2011.pdf

– Annual Report of the Chief Surveillance Commissioner: 2011-2012
012/jul/uk-surveillance-commissioner-report-2011-2012.pdf

– Intelligence Services Commissioner: 2011: 
012/jul/uk-intelligence-services-com-rep-2011.pdf

– Intelligence and Security Committee Annual Report: 2011-2013: 
012/jul/uk-intell-sec-cttee-rep-11.pdf

– Investigatory Powers Tribunal 2011: Statistical report: 180 complaints none of which were upheld
012/jul/uk-ipt-stats-2011.pdf

– PM Written Statement: 
012/jul/uk-pm-intell-sec-reports.pdf

8.  GREECE: Pro Asyl: The systematic ill-treatment of migrants and refugees by state agewnts in Patras (link):
http://www.proasyl.de/fileadmin/proasyl/fm_redakteure/Presserkl_Anhaenge/Patras-Webversion04D-DS-k.pdf

9.  EU: Council of the European Union: Report on: European Police Chiefs Convention (29 pages): 
012/aug/eu-council-police-chiefs-convention-30-05-12-1572-12.pdf

Attended by All 27 EU Member States plus Albania, Australia, Colombia, Croatia, Iceland, Israel, Liechtenstein, Mexico, Norway, Russian Federation, Serbia, Switzerland, Turkey and the USA. Includes sections on cyber-crime and “Itinerant organised crime groups”

“But there are two main reasons why the criminal offences deriving from itinerant groups cannot be tolerated. The first one is of course the fact that the criminal offences cannot be viewed as isolated incidents, as they are pearls on either a string of poverty-led actions, or on a string of well-organised persons…

It seems that itinerant is the right word to use ˆ the opposite of a sedentary life – no base, constantly on the move. It calls to mind the idea of perpetual movement, of a wandering way of life, a lack of permanent base or registered address. It is the opposite of a sedentary lifestyle.”

10.  USA: Government Accountability Office (GAO): Federal Law Should Be Updated to Address Changing Technology Landscape): 
012/aug/usa-gao-privacy-law.pdf

“Technological developments since the Privacy Act became law in 1974 have changed the way information is organised and shared among organisations and individuals. Such advances have rendered some of the provisions of the Privacy Act and the E-Government Act of 2002 inadequate to fully protect all personally identifiable information collected, used, and maintained by the federal government. For example, GAO has reported on challenges in protecting the privacy of personal information relative to agencies‚ use of Web 2.0 and data-mining technologies.”

11.  EU: NEW REGULATION ON DATA PROTECTION: National concerns over the proposed EU Data Protection Regulation (Infosecurity, link):
http://www.infosecurity-magazine.com/view/27399/national-concerns-over-the-proposed-eu-data-protection-regulation/

 “Statewatch, an independent organisation  that keeps an eye on civil liberties in the EU, has released a leaked copy of European nations‚ initial response to the proposed new Data Protection Regulation…It shows a wide difference in attitude. For example, a very common concern is the Regulation‚s reliance on Œdelegations‚; that is, the ability of the EU to arbitrarily add to or amend the agreed Regulation in the future.”

See also: UK submits concerns over proposed data protection reforms (Outlaw, link)
012/august/uk-submits-concerns-over-proposed-data-protection-reforms-/

and see: Opinion of the European Economic and Social Committee on the ŒProposal 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)’ :
012/aug/eu-eesc-on-dp.pdf

“clarifications can be made to the proposed text. It gives some detailed examples in this opinion in relation to a number of articles, helping to provide a better definition of rights, of stronger protection for the public in general and of workers in particular, of the nature of consent, of the lawfulness of processing and, in particular, of the duties of data protection officers and data processing in the context of employment.The EESC also considers that some aspects that have not been addressed should be included, not least the need to broaden the scope of the regulation, the processing of sensitive data and collective actions.”

12.  UK: Thousands of workers ‘blacklisted’ over political views – Commissioner urged to investigate ‘secret database’ used by the construction industry (Independent, link)
http://www.independent.co.uk/news/uk/home-news/thousands-of-workers-blacklisted-over-political-views-8010208.html?printService=print 

13. GREECE: “Xenios Zeus” campaign continues (Athens News, link): 
http://www.athensnews.gr/portal/9/57521

“Greek police continued the “Xenios Zeus” campaign on Monday, sweeping through areas of Athens and beyond, in an attempt to battle unregistered migration. Over the weekend, according to an official announcement by police headquarters, 1130 arrests were documented in the Athenian capital, all those arrested failing to meet the legal requirements for their continued stay in the country.”

14.  EU: Council of the European Union: Internal Security Fund, Asylum and Migration Fund and Croatia: International agreements

– INTERNAL SECURITY FUND: Developing Council position: Draft Regulation of the European Parliament of the Council establishing, as part of the Internal Security Fund, the instrument for financial support for police cooperation, preventing and combating crime, and crisis management – Revised compromise proposal by the Presidency: 
012/aug/eu-council-internal-security-fund-position-13030-12.pdf

– ASYLUM FUND: Developing Council position: Draft Regulation of the European Parliament and of the Council laying down general provisions on the Asylum and Migration Fund and on the instrument for financial support for police cooperation, preventing and combating crime, and crisis management – Revised Compromise proposal by the Presidency on certain Articles:  012/aug/eu-council-asylum-fund-position-12998-12.pdf

– Commission: Recommendation for a COUNCIL DECISION authorising the opening of negotiations for the adaptation of agreements (referred to in the attached Annex) signed or concluded between the European Union, or the European Union and its Member States, with one or more third countries or international organisations, in view of the accession of the Republic of Croatia to the European Union:  012/aug/eu-com-croatia-international-agreements-13069-12.pdf

See Annex: 17 page list of third state Agreements that applicant countries have to sign up to.

15.  EU: Statewatch Analysis: “Tackling new threats upon which the security and prosperity of our free societies increasingly depend”: the EU™]US Working Group on Cyber Security and Cyber crime by Chris Jones: http://www.statewatch.org/analyses/no-191-cyber-security.pdf

“A trans-Atlantic working group has been created to share best practices, exchange information, and look at specific issues such as cyber incident management and child pornography. The group’s activities promote increased internet regulation and the development of military capabilities for cyberspace, which invariably come at the expense of individual rights and freedoms.”

16.  EU: Council of the European Union: JSB & Eurojust, EU Ombudsman and the Council and PRUM

– Activity Report of the Joint Supervisory Body of Eurojust for the year 2011:
012/aug/eu-eurojust-jsb-report-2011-13032-12.pdf

– Replies to European Ombudsman enquiries addressed to the European Council or to the Council in relation to public access to documents: procedure: 
012/aug/eu-council-ombusdman-12902-12.pdf

– PRUM: Belgian delegation: Evaluation procedure for implementing the data exchange provisions pursuant to Council Decisions 2008/615/JHA and 2008/616/JHA (Prüm Decisions) 
– reply to questionnaire on exchange of DNA data:
012/aug/eu-council-prum-evaluation-belgium-7664-rev-1-12.pdf

17.  EU: Council of the European Union: Eurodac & LEAs, Eurosur and EASO

– EURODAC: Council Presidency re-draft: Access to Eurodac database of aslyum applicants’ fingerprints: Amended proposal for a Regulation on the establishment of ‘EURODAC’ for the comparison of fingerprints for the effective application of Regulation (EU) No [?/?] (establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person) and to request comparisons with EURODAC data by Member States’ law enforcement authorities and Europol for law enforcement purposes and amending Regulation (EU) No 1077/2011 establishing a European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (Recast version): 
012/aug/eu-council-eurodac-leas-redaft-position-12877-12.pdf

– EUROSUR: Outcome of disucssions on Council’s position: Proposal for a Regulation of the European Parliament and of the Council establishing the European Border Surveillance System (EUROSUR):  012/aug/eu-council-eurosur-outcome-12905-12.pdf

– EUROSUR: Council Presidency re-draft: Subject as above: 
012/aug/eu-council-eurosure-pres-redraft-position-12911-12.pdf

 EU: European Asylum Support Office (EASO): 2011 Annual Report on the Situation of Asylum in the European Union and on the Activities of the European Asylum Support Office (5 MB file): 012/aug/eu-easo-annual-report-13004-12.pdf

18.  EU: Statewatch Analysis: State Trojans: Germany exports „spyware with a badge‰ (pdf) by Kees Hudig:
http://www.statewatch.org/analyses/no-189-state-trojans.pdf

“German police have been using software to surveil people’s internet activity beyond what is allowed by the law. There has also been increased cross™]border cooperation with the police forces of neighbouring countries, with an informal working group meeting twice a year without the knowledge of parliamentarians.”

19.  ITALY-GREECE: Human Cargo: Arbitrary readmissions from the Italian sea ports to Greece (pdf) by PRO ASYL Foundation and Friends of PRO ASYL in co-operation with the Greek Council for Refugees: 012/aug/eu-greece-human-cargo-pro-asyl.pdf

“While official statistics indicate that a certain number of people are being readmitted annually from Italy to Greece, NGOs in Greece in their daily operations have registered a much greater number of people who have been readmitted from Italy.”

20.  EU institutions fail to improve governance of EU regulatory agencies 
012/aug/01eu-agencies.htm

After a few years of negotiations, the EU recently adopted a Common Approach for improved governance of EU 31 regulatory agencies. However, the agreed text seems to fall short of the Commission’s objectives of greater transparency and accountability.

21.  EU: Council of the European Union: State of play: Implementation of the Council Framework Decision 2008/909/JHA on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union – Information provided to the General Secretariat : 
012/aug/eu-council-prison-sentences-6345-rev1-12.pdf

22.  UK: Statewatch Analysis: A „clean city‰: the Olympic Games and civil liberties by Chris Jones:
http://www.statewatch.org/analyses/no-192-olympics.pdf

“Sponsors of the Games ˆ including McDonald‚s, Coca-Cola, Cadbury‚s, BP and, perhaps most controversially, Dow Chemical – were promised „what is chillingly called a “clean city”, handing them ownership of everything within camera distance of the games.‰ In combination with measures put in place to deal with what have been described as the „four key risks‰ of terrorism, protest, organised crime and natural disasters, these measures have led to a number of detrimental impacts upon civil liberties, dealt with here under the headings of freedom of expression; freedom of movement; freedom of assembly; and the right to protest”

23.  EU: European Commission: SECURITY INDUSTRY: Communication on Security Industrial Policy: Action Plan for an innovative and competitive Security Industry 
012/jul/eu-com-security-industry-com-417-12.pdf

and The Commission presents an Industrial Policy for the Security Industry (Press release, link):
http://europa.eu/newsroom/calendar/event/380075/the-commission-presents-an-industrial-policy-for-the-security-industry

24.  EU: European Commission: Submission of the 2011 Activity Report of the Agency for the operational management of large-scale IT systems in the area of freedom, security and justice: 012/jul/eu-com-it-systems-report-2011.pdf 
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http://www.statewatch.org

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