Wednesday, July 11, 2007

Cameras On Every Corner



Europeans Aren't as Private as They Think
There's a widespread perception - especially in Europe - that European countries are more vigilant in guarding privacy and civil liberties than the U.S. government.
Various European conventions and directives claim to protect communications privacy, data privacy or other civil liberties. However, while these laws do prevent private companies from collecting personal information without consumers' permission, European governments may exempt themselves from these laws whenever it conflicts with their own interests in taxation, law enforcement or security.
Case in point: The EU Data Retention Directive requires Internet service providers (ISPs), fixed-line and mobile operators based in the European Union to preserve details of their customers' communications for up to two years. And, because the directive is "security-related," it's deemed not to infringe with the European Data Privacy Directive.
Now, we have yet another security-related exception. A new airline passenger information sharing agreement between the EU and the United States will likely go into effect in the next few weeks. To more effectively fight the never-ending War on Terror, airlines flying from any of the EU's 27 countries to the United States will have to provide the U.S. Homeland Security Administration with the names, addresses, phone numbers, credit card details and past flight details of passengers, along with other information - a total of 19 "data fields" per passenger.
The United States can use the data for any purpose it deems necessary and share it with any agency - including the Central Intelligence Agency - for 15 years. In addition, there are no mandatory data protection provisions to safeguard EU citizens' data. Naturally, this is now deemed to be compatible with the EU Data Privacy Directive.
The agreement replaces an interim arrangement struck shortly after the Sept. 11, 2001 attacks. The original deal came in the wake of the September 11 attacks, but was struck down by the European Court of Justice on a legal technicality.
Not coming up with an agreement isn't a realistic option, because EU air carriers would be subject to massive fines and the loss of landing rights if they don't continue to hand over the data. And without an agreement, they would face lawsuits on data protection grounds in the EU.
Perhaps now, Europeans will stop shouting about how much protection for civil liberties they have. This agreement demonstrates that when it comes to government intrusions into civil liberties, any protection is tenuous at best.

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