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15/9/05
Statewatch News Online, 15 September 2005 (33/05)
  

Full contents see: www.statewatch.org/news

1. EU: Data protection and data retention proposals: full-text
2. Council of Europe report on use of biometrics
3. Schengen: Joint Supervisory Authority (JSA) report on the use of Article 96 “alerts”
4. SIS-Denmark: Danish Data Protection Agency letler on Article 96 “alerts”
5. EU Presidency: UK paper on: Liberty and security, striking the right balance
6. EU: Data retention
7. EU: Court of Justice annulls Framework Decision on environmental crime
8. CIA: human rights fears over CIA flights – Snatched suspects tell of torture
9. UK: Head of MI5 warns of the need to erode civil liberties in the fight against terrorism
10. Spain: Supreme Court upholds complaint against immigrant detention centre regulation
11. UK Home Secretary Charles Clarke lambasted by Council of Europe President
12. UK-EU: Speech by Charles Clarke, UK Home Secretary, to the European Parliament
13. Spain: Guardia Civil accused of cover-up in death in custody case: report
14. EU: European Commission releases proposals on migration, integration, asylum and expulsion
15. EU-US: Documents reveal hidden EU cooperation with US

1. EU: DATA PROTECTION AND DATA RETENTION PROPOSALS (full-text)

European Commission two proposals:

Data protection activities of police and judicial co-operation in criminal matters provided for by Title VI of the TEU:
www.statewatch.org/news/2005/sep/com-data-protection-prop.pdf

Mandatory data retention in telecommunications:
www.statewatch.org/news/2005/sep/com-data-retention-prop.pdf

2. Council of Europe report on use of biometrics (pdf):
www.statewatch.org/news/2005/sep/coe-rep-biometrics.pdf

3. Schengen: Report from the Joint Supervisory Authority (JSA) on the use of Article 96 “alerts” to exclude unwanted people from entering the Schengen area:
www.statewatch.org/news/2005/sep/jsa-sis-art96-rep.pdf

4. SIS-Denmark: Following a request from the Danish Data Protection Agency the National Commissioner of Police was asked to review the 443 Article 96 “alerts” (aliens to be denied entry to the Schengen area) placed on the Schengen Information System (SIS) by Denmark. It was found that “the reporting had been erroneous in 25 cases” (5.6%) as well as various other errors (a total of 68 are set out, 15%) including failure to update the data. Letter from Danish DPA :
www.statewatch.org/news/2005/sep/danish-dp.pdf

The number of people entered by Denmark is tiny compared to those entered on the SIS by Italy (335,306) and Germany (267,884) and similarly levels of errors and failures could affect tens of thousands of people – the results of the review being conducted by the Joint Supervisory Authority of Schengen should reveal the full picture.

See also EU-SIS: Three-quarters of a million “illegal aliens” banned from Schengen area:
www.statewatch.org/news/2005/apr/08SISart96.htm

5. EU Presidency: UK circulate paper on: Liberty and security, striking the right balance (pdf):
www.statewatch.org/news/2005/sep/ukpres-paper.pdf

This paper covers data retention, biometric passports and ID cards, EU passenger name record (PNR) plans and closed circuit television (CCTV). In effect this package of measures is already on the table and will introduce the whole surveillance of telecommunications and movement. Statewatch databases searches: Data retention / Biometric passports and ID cards

6. EU: Data retention: The current draft Council proposal (dated 27 July 2005):
www.statewatch.org/news/2005/sep/eu-data-ret-draft-jul05.pdf

Draft European Commission proposal on data retention (pdf): (see actual proposals under Item 1):
www.statewatch.org/news/2005/jul/com-data-retention-prop.pdf

Dutch ISPs letter to the European Commission (pdf):
www.statewatch.org/news/2005/sep/dutch-data-ret.pdf

The Information Technology Association of America (ITAA) comments on proposal (pdf):
www.statewatch.org/news/2005/sep/itaa-data-ret.pdf

See also Statewatch report:
www.statewatch.org/news/2005/jul/05eu-data-retention.htm

7. The Court of Justice has annulled the Framework Decision on environmental crime, on the grounds that it falls within the EU’s powers: Press release (13.9.05, pdf):
www.statewatch.org/news/2005/sep/ecj-environment-dec.pdf

8. Destination Cairo: human rights fears over CIA flights – Snatched suspects tell of torture, UN investigator to look at British role (Guardian, link):
www.guardian.co.uk/print/0%2C3858%2C5283268-103690%2C00.html

See also: Update: Sweden: Expulsions carried out by US agents, men tortured in Egypt:
www.statewatch.org/news/2004/oct/05sweden-us-abduction.htm

8. UK: Metropolitan Police Special Branch (MPSB) to be amalgamated with the Anti-Terrorism Branch to form new Counter-Terrorist Branch:
www.statewatch.org/news/2005/sep/06uk-special-branch.htm

9. UK: Head of MI5 warns of the need to erode civil liberties in the fight against terrorism: full-text of speech:
www.statewatch.org/news/2005/sep/05MI5-speech.htm

10. Spain: Supreme Court upholds complaint against immigrant detention centre regulation:
www.statewatch.org/news/2005/sep/06spain-detention-centres.htm

11. UK Home Secretary Charles Clarke lambasted by Council of Europe President:
www.statewatch.org/news/2005/sep/04coe-clarke.htm

12. UK-EU: Speech by Charles Clarke, UK Home Secretary, to the European Parliament (7/9/05): full text:
www.statewatch.org/news/2005/sep/03clarke.htm

Clarke’s priorities are the adoption of the controversial data retention proposal, development of the “investigative” capabilities of the Schengen Information System (SIS II) and the Visa Information System (meaning broad law enforcement access), and the deployment of “biometrics” (mandatory fingerprinting). Presumably referring to his own domestic deportation plans, Clarke implies that aspects of the European Convention on Human Rights are now outdated.

13. Spain: Guardia Civil accused of cover-up in death in custody case: report:
www.statewatch.org/news/2005/sep/02roquetas.htm

14. EU: European Commission releases proposals on migration, integration, asylum and expulsion:

a. Communication on migration and development (COM (2005) 390, 1.9.05, pdf):
www.statewatch.org/news/2005/sep/COM_2005_0390.pdf

See also Statewatch analysis: “Migration, development and the EU security agenda” (2003):
www.statewatch.org/news/2003/sep/bhtb.pdf

b. Communication on a common agenda for integration (COM (2005) 389, 1.9.05, pdf):
www.statewatch.org/news/2005/sep/COM_2005_0389.pdf

See also EUobserver.com: Commission suggests EU loyalty oath for immigrants (2.9.05, link):
euobserver.com/?sid=9&aid=19770

c. Communication on regional protection programmes (COM (2005) 388, 1.9.05, pdf):
www.statewatch.org/news/2005/sep/COM_2005_0388.pdf

See also Statewatch analysis: “Killing me softly? “Improving access to durable solutions”: doublespeak and the dismantling of refugee protection in the EU” (2004):
www.statewatch.org/news/2004/jul/refugees-external-processing.pdf

d. Draft Directive on expulsion (COM (2005) 391, 1.9.05, pdf):
www.statewatch.org/news/2005/sep/COM_2005_0391.pdf

See also NGO paper on expulsion: “common principles on removal” (September 2005, pdf):
www.statewatch.org/news/2005/sep/NGOremoval.pdf

e. Commission Press conference: Franco Frattini on “migration and asylum package” (Brussels, 1.9.05):
www.statewatch.org/news/2005/sep/01frattini.htm

15. EU-US: Documents reveal hidden EU cooperation with US (Guardian, link). Article by Richard Norton-Taylor examining Statewatch’s attempts to get access to EU documents on cooperation with the US on justice and home affairs and security matters:
www.guardian.co.uk/print/0%2C3858%2C5275091-103685%2C00.html

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