EU Watchdog Warns About Anti-Terror Rules

CONSTANT BRAND, Associated Press Writer
AP Online
04-19-2006
Dateline: BRUSSELS, Belgium
The EU's data protection watchdog warned Europeans to be aware that new anti-terror and anti-crime rules _ requiring storage of telephone records and airline passenger information _ were rushed into law without proper safeguards protecting civil liberties.

EU governments in December reached a contentious agreement to retain phone and e-mail data for use in anti-terror investigations. They also plan to rush through plans for passports and visas with biometric technology, including a computer chip with fingerprint data.

The new measures, however, could lead to violations of privacy rights, as well as legal fights in national and EU courts, as it abuses the right to data privacy, said Peter Hustinx, the EU's data protection supervisor, who analyzes all EU laws and regulations involving the use of information.

"You had better be aware," Hustinx said, referring to the 450 million citizens of EU countries.

Hustinx, presenting his annual report Wednesday, said the general public needed to know more about the implications of recent EU legislation _ notably anti-terror measures passed in the wake of the Madrid and London bombings of 2004 and 2005.

Most people blindly trust that technology, governments and companies will respect their rights, Hustinx told reporters. But being "online all the time," using mobile phones, laptops or other technology, "brings with it an increasing potential for everything which ranges from abuse to sheer bad luck."

Hustinx said he expected all EU governments to fall in line with the EU's overall data protection rules, which came into force before the EU's fight on terrorism in 2001, by the time a grace period ends next year. He warned he would file complaints of any rights violations at the EU's high court in Luxembourg.

Hustinx, who has objected previously to the anti-terror measures, again questioned whether it was necessary to require that telecommunications companies retain phone and Internet records for six months in case they are needed by investigators.

The telecommunications industry also has questioned the feasibility and costs of maintaining so much data.

"If this was going to be necessary we would need very strong safeguards, and the directive is a little weak on that point," Hustinx said.

He has also raised concerns over the EU-U.S. deal on sharing airline passenger data, which the European Parliament has challenged in court, saying it violates privacy rules.

Interim arrangements already force airlines to transfer passenger information _ from credit card numbers to meal preferences _ to U.S. authorities within 15 minutes of departure. That deal, Hustinx said, violates EU privacy rules and could lead to unauthorized use of personal information.

In March, Hustinx warned that a separate proposal for EU nations to share police information online _ DNA samples, fingerprints or telephone records _ also poses a threat to privacy and security.

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