EU security crackdown prompts privacy rethink

Controversial security and data protection issues are among European Commission justice priorities for the next five years.

EU justice chief, and Commission Vice-President, Franco Frattini has set out a blueprint focused on tackling terrorism, crime and immigration.

Privacy concerns are dogging EU moves to increase information sharing among European security agencies.

The commission already faces a challenge from the European Parliament in the EU courts over the surrender of personal air passenger data to US security agencies.

Legal uncertainty also surrounds demands from national governments to store electronic communication data and is creating headaches for EU officials.

In a bid to head off opposition – especially from MEPs – and end legal uncertainty Frattini is set to publish proposals setting privacy rules “by the end of the year”.

“[The EU] needs to strike the right balance between privacy and security in sharing information among law enforcement and judicial authorities," suggests the paper published on Tuesday.

"The lack of a unique legal framework brings about the need for the adoption of new instruments regulating protection of data collected and used for law enforcement and judicial purposes.”

“Hence… the commission will adopt a proposal to this aim before the end of 2005."

France, the UK, Ireland and Sweden are pushing for EU legislation forcing telecom operators and internet service provider to store data for between one to three years.

Information, including mobile phone numbers text messages, email and voice over broadband, would be accessed by EU law enforcement agencies.

But lawyers in the commission – and the parliament – have argued against the proposals, citing the absence of a legal basis in EU law.

Frattini is set to attempt to soothe fears with June proposals that will cut the scope of data held and the time it must be stored.

“The commission is also about to put forward a proposal aiming at regulating and providing specific guarantees in respect of the retention of data processed in connection with the provision of public electronic communication services,” states the commisson document.

National governments must then decide whether to take on board concerns or face a legal challenge.

Compromise proposals may also include moves to give the European Parliament a veto on the security measure – a clause unlikely to impress some EU capitals.

Frattini is also warning governments that moves in many European capitals to cut EU budgets for 2007-2013 will hit Europe’s war on terror.

“Currently 0.5 per cent of the total EU budget is dispensed in [justice] , but over the time, the percentage will gradually increase to 1.3 per cent in 2013. This almost amounts to a trebling of expenditure,” says the commission document.

“The most significant progression is surely in the field of security. In 2013, amounts allocated to this policy will have increased by almost twelve times when compared to funding in 2006.”

“Increases in other policy fields are also significant… management of migration flows will have an increase of over 250 per cent between 2006 and 2013.

Also controversial will be Frattini’s efforts to develop an EU immigration policy.

Many national capitals are wary of having highly politically sensitive immigration quotas set in Brussels.

But Spain’s recent decision to grant an amnesty to 700,000 illegal immigrants – allowing eventual free movement elsewhere in the EU – may help his case.

In a bid to cut the number of refugees heading fro Europe’s borders, Frattini will propose pilot Regional Protection Programmes in July 2005.

The schemes, which have sparked human rights concerns, aim to provide protected zones in, or near, to conflict areas.

“Enhancing the protection capacity of regions of origin will diminish the need for refugees to search protection elsewhere,” argues the commission document.

“This will reduce the dangers that asylum seekers have regularly to face while attempting to reach a safe country.”

To aid the “integration” of migrants Frattini will this year propose “greater contact between national authorities and exchange of experiences and information”.

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