A new European Commission (EC) proposal outlines how the EC would guard personal data against counter-terrorist zealotry. The draft framework decision, meant to complement a recent proposed EC directive on law enforcement retention of Internet and telecom traffic data, aims to up police and judicial cooperation among member states yet ensure privacy. The measure is needed, the EC said Tues., since a 1995 data protection directive doesn’t address processing of personal data when police and courts cooperate on criminal matters. The decision: (1) Gives rules on the legality of processing personal data. (2) Offers provisions on specific forms of processing, such as transmitting and making personal data available to other member states’ authorities. (3) Details the rights of those whose data come under scrutiny. (4) Provides for confidentiality and security of processing. (5) Describes judicial remedies, liability and sanctions for misuse of data. (6) Posits creation of a working party on protecting individuals with regard to processing personal data to prevent and investigate crimes. The decision also seeks to ensure that personal data are transferred only to 3rd nations that have adequate data protection. Justice and home affairs ministers will get the proposal at an Oct. 12-13 meeting in Luxembourg. The EC data retention proposal, which debuted last month (WID Sept 22 p6), is undergoing consideration in parallel to that accorded the framework decision being shepherded by the U.K. Presidency. In a Sept. 26 opinion, European Data Protection Supervisor Peter Hustinx said of the EC proposal, “more [privacy] safeguards are needed.” Hustinx doesn’t see the need to retain traffic and location data for law enforcement purposes, he said. He urged revisions, among them ensuring individuals other than relevant authorities don’t have access to communications traffic data and that data are provided only in relation to specified serious criminal offenses. Hustinx also urged that retention periods proposed by the EC -- one year for telecom-related data and 6 months for Internet Protocol data -- be the maximum retention periods, and that data be erased at the end of those terms.
Dugie Standeford
Dugie Standeford, European Correspondent, Communications Daily and Privacy Daily, is a former lawyer. She joined Warren Communications News in 2000 to report on internet policy and regulation. In 2003 she moved to the U.K. and since then has covered European telecommunications issues. She previously covered the U.S. Occupational Safety and Health Administration and intellectual property law matters. She has a degree in psychology from Duke University and a law degree from the University of Tulsa College of Law.
LIVERPOOL, England -- The European Commission (EC) stance seems to be softening slightly on oversight of on- demand audiovisual (A/V) services after industry slammed the proposal, a U.K. govt. official said here Thurs. In closing the European Union/U.K. A/V conference, Information Society & Media Comr. Viviane Reding acknowledged in her speech that many support discerning between “linear” (scheduled) and “non-linear” programming, but “we will of course have to test this against the reality of a complex and fast-moving market and refine the legal definitions in the coming weeks.” That suggests flexibility not evident earlier, said Nigel Hickson, Dept. of Trade & Industry head of European e-commerce & telecoms regulatory framework.
The European Commission (EC) approved a draft measure on communications traffic data retention it said differs significantly from a largely unpopular framework decision pushed by the Council and U.K. Presidency. But despite its differences from the Council text, it’s unlikely to win the hearts and minds of providers who continue to insist there’s no proof draconian measures are needed to fight terrorism, officials said.
A service billed as the world’s first pre-pay broadcast network launched Wed. The Internet holds huge potential for broadcasters but no one has figured how to make money at it, said Alex Taylor, CEO of U.K.-based GreenGrass, which began Beta testing its website -- www.greengrass.tv -- Sept. 21. The service combines a pre-pay system that lets consumers buy credits for viewing streamed or on-demand programs, a program guide and an affiliate marketing system enabling other websites to link to GreenGrass.
LIVERPOOL, England -- Europe’s audiovisual (AV) sector Tues. continued to oppose a European Commission (EC) move to regulate aspects of on-demand AV services. Speakers at a 3-day European Union/U.K. conference here urged the Commission to back off plans to subject “non- linear” services to rules for scheduled programming and instead to let the industry regulate itself. But an EC official said the proposal had backing from many among the more than 200 responses to a Commission consultation on revamping the TV without Frontiers (TVWF) directive for the digital age. These responses “clearly confirm” the EC plan to regulate e-delivery of AV content under an approach distinguishing between linear and on-demand services, whether provided via traditional broadcasting or the Internet.
German industry is “very disappointed” with Sunday’s general election, said Axel Spies, a German telecom lawyer in Washington. With neither Chancellor Gerhard Schroeder nor main challenger Angela Merkel gaining a majority, German politics will be unsettled for some time, Spies said. That could slow reforms that Germany needs to face globalization challenges and an aging population, he said. Telecom law reform has been on hold, and if Sunday’s close vote triggers a new general election or no coalition forms, it might be early 2006 before a new telecom bill is drafted. Also in play is leadership of telecom regulator BNetzA, which hinges on who winds up in the big chair, Spies said. The German vote likely won’t affect European Union (EU) level telecom issues, since the agenda of the Telecom Council -- telecom ministers from the 25 member states -- is fairly light, said Sandro Bazzanella, dir.-EU affairs, European Competitive Telecom Assn. (ECTA). German telecom has long been seen as the least open in Europe, he said. Deutsche Telekom’s strength, lack of bitstream access, and high costs for local loop unbundling made global investment in German telecom one of the lowest in Europe. But, Bazzanella said, ECTA is starting to see changes there, including positive signals from BNetzA. The regulator has set prices for unbundling and indicated VoIP is included in the voice market and will be regulated, he said.
The U.K. govt. will help elderly and disabled people switch to DTV, Culture Secretary Tessa Jowell said Thurs. (CD Sept 13 p5). During 2008-2012, help with equipment, installation and follow-up support will be available for those 75 and older and those with “significant disabilities,” Jowell said. The plan, to be funded by the BBC license fee, includes help for households with one person 75 or older, or who is blind or meets other criteria. Assistance will include providing equipment needed to switch one TV set to digital and support for installing and using the gear. The govt. and the BBC will work out practical details. The rolling transition will take place by ITV region (ITV is the U.K.’s largest commercial TV network). It will be coordinated by Digital UK, formerly Switchco, an independent nonprofit created by broadcasters and commercial multiplex operators and involving the supply chain, the govt. said. Digital UK, which launches today (Fri.), will ensure the public has timely, accurate information, such as their transmitters will go digital and what they must do to receive the new signal. Jowell’s announcement pleased the consumer electronics industry. The U.K. has “shown the example to the rest of the European Union with regard to embracing the advantages of the digital revolution,” said Mark MacGann, dir. gen., European Information, Communications & Consumer Electronics Technology Industry Assns. European industry looks “forward to other member states announcing a clear timetable,” he said. Intellect, which represents the U.K. high tech sector, has urged the govt. to confirm a date for switchover. Intellect said it will continue to support Digital UK’s consumer communications campaign.
A storm of protest greeted a European Commission (EC) move to regulate online audiovisual (AV) services. The plan would apply the 1989 TV without Frontiers (TVWF) directive to Internet TV programming and “non-linear"(on- demand) services. But in comments submitted in advance of a major AV conference to occur later this month, telcos, ISPs and media groups panned the idea, saying it’s overkill and would hamper efforts to boost Europe’s economy.
European justice ministers seem divided over industry costs from mandatory retention of communications traffic data, and likely won’t reach agreement at an Oct. 12 formal meeting, European Digital Rights (EDRI) said Thurs. Meeting informally Wed. and Thurs. in Newcastle, U.K., ministers heard from EuroISPA, European Telecom Network Operators’ Assn., GSM Europe and other industry groups, EDRI said: “Their response is not positive. Though they profusely claim utter willingness to fight any kind of crime, especially terrorism, they find most of the demands of the ministers completely unreasonable, such as registering location data during mobile communications and registering failed caller attempts.” U.K. Home Office Secretary Charles Clarke unnerved civil rights advocates by calling for a rethink of the 50-year-old European Convention on Human Rights (ECHR). Times have changed since the treaty was enacted, Clarke said Thurs. at a news briefing after the ministers’ meeting. The ECHR is very important but jurisprudence must acknowledge today’s world situation, he said. While his comments ostensibly referred to deporting people suspected of terrorism, he “obviously thought it was acceptable to attack the general principle of protecting citizens against their govts. by granting them inalienable minimum rights and freedoms,” EDRI said. European Justice Comr. Franco Frattini said yesterday he strongly backs a quick decision on data retention. “We cannot renounce now” a previous decision to harmonize data retention laws, he said. Dutch ISPs Thurs. urged Dutch and European Parliament members not to act until they've seen a long-awaited EC proposal for a data retention directive. The draft is said to be coming Sept. 21, although EDRI said an Oct. delivery is likelier. Late in Aug., the Dutch ISP Assn. (ISPO) told Frattini and Information Society & Media Comr. Viviane Reding it fears Internet industry concerns are being ignored in the rush toward data retention. Like many industry groups, ISPO complained about the lack of evidence supporting traffic data retention, and the effect such a law might have on ISP finances. ISPO also criticized the EC draft’s proposed “flexible list” of the types of Internet and telephony data to be held, saying it “will continuously be subjected to expansion.”
Mandatory retention of Internet and telecom traffic data has “no place in an ordered society,” the Information Technology Assn. of America (ITAA) said Wed. With European justice and home affairs ministers set to discuss both the European Presidency/Council draft framework decision and a proposed European Commission (EC) directive today (Thurs.) in Newcastle, U.K., ITAA urged govts. to move toward a data preservation approach taken by the U.S. and other nations. However, it said, any mandatory retention scheme must blend the most acceptable parts of the 2 documents and be based on best existing business practices on duration of retention and definitions of information to be held. For much of the sector, those likely would include retention for 6-12 months of some basic voice communications traffic and for no more than 3 months of Internet Protocol address data. ITAA criticized both proposals for claiming to require retention only of such data as can be processed and stored without extra industry effort, saying the texts don’t reflect that. It reiterated industry claims that law enforcement agencies (LEAs) have all the access they need to communications data via close working relationships with telcos and ISPs. If a data retention law is coming, the group said, it must blend current business practices with a standardized preservation regime in a way appropriate to industry cases, LEA needs and privacy requirements. Data retention costs - and who pays them - have intensified an already heated debate. Both drafts are “welcome departures” from earlier texts because they begin to address retention cost reimbursement, ITAA said. However, it added, its comments “are in no way an endorsement of mandatory retention as a concept.” Despite massive opposition from industry, privacy advocates and many lawmakers, the U.K. Presidency aims to make data retention a reality this year. Home Secy. Charles Clarke Wed. urged European Parliament members (MEPs) to “look closely at the case that we put forward” for this and other antiterrorism measures. Clarke told MEPs voluntary retention of telecom data has been invaluable in the inquiry into the London bombings and other cases, and circulated a report citing examples. He dismissed cost concerns, saying, “In the U.K. we have successfully established a system in partnership with a major service provider to retain essential data for up to 12 months for the cost of 1.2 million [$1.5 million]. Compared to the average costs for forensic work on a single murder case of over 0.5 million [$622,000], that is an acceptable cost to bear.” “If the U.K. government considers its present voluntary program for data retention in the U.K. satisfactory, as evidenced by a Home Office report on the program to Parliament, why do the proposed measures of the latest Council draft framework decision from the Presidency not reflect the program’s definitions and principles?” ITAA asked.