FC: EU committee votes on spam, requirements for data retention

From: Declan McCullagh (declanat_private)
Date: Thu Jul 12 2001 - 04:28:54 PDT

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    EP / PRIVACY IN ELECTRONIC COMMUNICATIONS
    EP CIVIL LIBERTIES COMMITTEE APPROVES CAPPATO REPORT
    
    Brussels, 11 July 2001 ­ The EP Civil Liberties Committee approved today
    the report by Marco Cappato (Radical MEP of the Lista Bonino) on the
    draft EU Commission proposal for a directive on privacy in electronic
    communications, with 22 votes in favour, 12 against and 5 abstentions,
    under the co-decision procedure.
    
    Declaration by Marco Cappato:
    "The Civil liberties committee expressed itself in favour of a strict
    regulation of law enforcement authorities' access to personal data of
    citizens, such as communication traffic and location data. This decision
    is fundamental because in this way the EP blocks EU States' efforts
    underway in the Council to put their citizens under generalised and
    pervasive surveillance, following the Echelon model. The decision of
    leaving to Member States the choice between opt-in and opt-out systems
    on electronic commercial communications is a liberal approach that
    respects subsidiarity, and that takes into consideration freedom of
    expression (prohibiting "hidden" spamming) and the different experiences
    of the Member States".
    ===================================
    Annex: relevant draft Cappato report text as it came out of the vote of
    today
    
    Article 15: Member States may adopt legislative measures to restrict the
    scope of the rights and obligations provided for in Article 5, Article
    6, Article 8(1) to (4), and Article 9 (confidentiality of communication
    traffic data and location data)  of this Directive when such restriction
    constitutes a necessary, appropriate, proportionate and limited in time
    measure within a democratic society to safeguard national security,
    defence, public security, the prevention, investigation, detection and
    prosecution of criminal offences or of unauthorised use of the
    electronic communication system, as referred to in Article 13(1) of
    Directive 95/46/EC. These measures must be entirely exceptional, based
    on a specific law which is comprehensible to the general public and be
    authorised by the judicial or competent authorities for individual
    cases. Under the European Convention on Human Rights and pursuant to
    rulings issued by the Court of Human Rights, any form of wide-scale
    general or exploratory electronic surveillance is prohibited.
    
    Art.13 (...) Member States shall take appropriate measures to ensure
    that, free of charge and in an easy and clear manner, unsolicited
    communications for purposes of direct marketing, by means other than
    those referred to in paragraph 2 (fax, automated calling machines;
    electronic email has been deleted) are not allowed either without the
    consent of the subscribers concerned or in respect of subscribers who do
    not wish to receive these communications, the choice between these
    options to be determined by national legislation.
    The practice of sending electronic messages  for the purpose of direct
    marketing disguising or concealing the identity of the sender on whose
    behalf the communication is made shall be prohibited.
    Senders of unsolicited electronic mail shall supply with their messages
    an address to which the recipient may send a request that such
    communications cease.
    
    Infos:  tel 0032 2 2847496; Email: mcappatoat_private
    
    
    
    
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