[Infowarrior] - Terrorism no excuse for privacy breaches, says EU regulator

[Richard Forno]

Original URL: 
http://www.theregister.co.uk/2006/09/19/terrorism_privacy_breaches/
Terrorism no excuse for privacy breaches, says EU regulator
By OUT-LAW.com
Published Tuesday 19th September 2006 17:22 GMT

Terrorism and organised crime should not be used as excuses for passing laws
which undermine people's privacy and data protection rights, according to
the European Data Protection Supervisor (EDPS). Existing laws do not need
changed, he said.

In an update on data protection in Europe, EDPS Peter Hustinx said that
security concerns were not an adequate reason to undermine data protection
principles.

"It is a misconception that protection of privacy and personal data holds
back the fight against terrorism and organised crime," said Hustinx.
"Current legislation does allow, for instance, law enforcement to check
suspicious phone numbers found in a computer."

The EDPS has recently advised EU bodies on controversial issues of data
protection such as the disputed transfer of airline passenger data to the
US, telecoms data retention and EU information technology systems.

New laws and practices are being introduced in the aftermath of terrorist
attacks in the US, Madrid and London which put security concerns and data
protection in direct conflict. An EU deal cut with authorities in the US to
transfer airline passenger data was opposed by the EU Parliament and struck
down by the European Court of Justice on procedural grounds.

Other legislation causing controversy are the laws introduced by member
states to comply with the Data Retention Directive. The Directive calls for
telephone, email and internet data to be kept for up to two years by
telecoms firms and is being opposed by civil rights groups.

One group, Digital Rights Ireland, is taking the Irish government to court
over the Irish law based on the Directive and hopes to overturn the
Directive itself. The Irish state is also taking a legal challenge against
the Directive, but on procedural, not privacy, grounds.

Hustinx said that the idea that a state must choose either good security or
good data protection is flawed. "Good data protection actually goes hand in
hand with legitimate crime fighting because it increases the quality of
databases and at the same time makes sure that only the right people can
access them," he said.

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