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Adoption of three texts on personnal data; Teach yourself how to be safe!

April 2016 by La Quadrature du Net

TODAY, THE EUROPEAN PARLIAMENT ADOPTED THREE TEXTS
ON PERSONAL DATA: THE REGULATION FRAMEWORK FOR PERSONAL DATA PROCESSING BY
PRIVATE COMPANIES, THE DIRECTIVE ON JUDICIAL AND POLICE PROCESSING OF
PERSONAL DATA, AND THE PNR (PASSENGER NAME RECORD) THAT AIMS AT THE
CREATION OF NATIONAL RECORDS GATHERING LARGE AMOUNTS OF DATA OF PERSONS
TRAVELLING FROM OR TO THE EUROPEAN UNION, INCLUDING INTERNAL FLIGHTS. THESE
TEXTS FEATURE NUMEROUS LOOPHOLES THAT THREATEN THE RIGHT TO PRIVACY. GIVEN
THE INABILITY OF THE INSTITUTIONS TO COME UP WITH REGULATIONS THAT ACTUALLY
PROTECT INTERNET USERS, IT IS UP TO EACH AND EVERY ONE OF US TO LEARN HOW
TO PROTECT THEMSELVES, THEIR PERSONAL DATA AND THEIR PRIVACY ON THE
INTERNET.

The first of the three texts in the General Data Protection Regulation [1]
(analysis in French), a regulation on personal data protection. This
regulation will provide a framework for the usage of personal data by
private companies. Even though it does feature a number of improvements
upon the present situation, this regulation will not provide full
protection of individuals against abuses of access to this data by
companies or Member States, as we have been warning [2] about for numerous
months.

The second is the Directive [3] that comes with the Regulation. It
determines usage of personal data by police services and judicial services
in the Member States. The Directive has comparably not been given lots of
attention, given how important the negotiation of the Regulation was.
Nevertheless, its reach is extremely vast1 [4], which begs the question of
institutional surveillance by the States. We worry about the checks and
balances of the various national transpositions of this Directive, which
will be difficult at the European scale, and virtually impossible
worldwide2 [5]).

The third text adopted is the Directive [6] on the usage of data from
passenger records for the prevention and detection of terrorist infractions
and serious crime, as well as for investigations and lawsuits on these
matters, also known as PNR. Each Member State will have to establish a
record of all passenger data for flights to or from the European Union, as
well as within the EU. However, the Directive does not sufficiently specify
the rules for access to these records, as well as modalities for exchange
of information between EU States. Mere statements of attachment to
fundamental rights might thus prove insufficient. France pressuring for the
text to be voted as an instrument for the fight against terrorism is a
distraction from the severe imperfections it carries, not only with respect
to citizens’ protections but also, ironically, in terms of effectiveness of
surveillance of suspected individuals.

"THESE THREE TEXTS VOTED TODAY BY THE EUROPEAN PARLIAMENT AFTER LONG AND
SOMETIMES ROUGH NEGOTIATIONS DO NOT SUFFICIENTLY PROTECT PERSONAL DATA AND
FUNDAMENTAL RIGHTS. IT IS OF THE UTMOST URGENCY TO LEARN AND REGAIN CONTROL
OF ONE'S OWN DATA. PUBLICITY BLOCKERS, COOKIE ERASERS, ENCRYPTION AND
TOR USAGE ARE THE INSTRUMENTS TO REGAIN SOME DEGREE OF PRIVACY ON THE
INTERNET. THERE ARE TOOLS TO HELP EACH AND EVERY ONE PROTECT THEIR PRIVATE
LIFE, SUCH AS THE WEBSITE CONTRÔLE TES DONNÉES [7]. LA QUADRATURE DU NET
URGES ALL OF US TO START SECURING AND APPROPRIATING THEMSELVES THEIR
PERSONAL DATA AS A FUNDAMENTAL STEP TO PROTECT OUR RIGHT TO PRIVACY, TO
FREE EXPRESSION AND TO INFORMATION.

* 1. [8] Notably covering demonstrations, sport events and riots,
considering 11 (bis).
* 2. [9] Analysis [10] soon to be published

ABOUT LA QUADRATURE DU NET

La Quadrature du Net is an advocacy group that defends the rights and
freedoms of citizens on the Internet. More specifically, it advocates for
the adaptation of French and European legislations to respect the founding
principles of the Internet, most notably the free circulation of knowledge.

>In addition to its advocacy work, the group also aims to foster a better
understanding of legislative processes among citizens. Through specific and
pertinent information and tools, La Quadrature du Net hopes to encourage
citizens’ participation in the public debate on rights and freedoms in the
digital age.

La Quadrature du Net is supported by French, European and international
NGOs including the Electronic Frontier Foundation, the Open Society
Institute and Privacy International.

Links:


[1]
http://www.laquadrature.net/sites/all/modules/civicrm/extern/url.php?u=582&qid=48362
[2]
http://www.laquadrature.net/sites/all/modules/civicrm/extern/url.php?u=583&qid=48362
[3]
http://www.laquadrature.net/sites/all/modules/civicrm/extern/url.php?u=584&qid=48362
[4]
http://www.laquadrature.net/sites/all/modules/civicrm/extern/url.php?u=585&qid=48362
[5]
http://www.laquadrature.net/sites/all/modules/civicrm/extern/url.php?u=586&qid=48362
[6]
http://www.laquadrature.net/sites/all/modules/civicrm/extern/url.php?u=587&qid=48362
[7]
http://www.laquadrature.net/sites/all/modules/civicrm/extern/url.php?u=588&qid=48362
[8]
http://www.laquadrature.net/sites/all/modules/civicrm/extern/url.php?u=589&qid=48362
[9]
http://www.laquadrature.net/sites/all/modules/civicrm/extern/url.php?u=590&qid=48362
[10]
http://www.laquadrature.net/sites/all/modules/civicrm/extern/url.php?u=591&qid=48362
[11]
http://www.laquadrature.net/sites/all/modules/civicrm/extern/url.php?u=592&qid=48362
[12]
http://www.laquadrature.net/sites/all/modules/civicrm/extern/url.php?u=593&qid=48362
[13]
http://www.laquadrature.net/civicrm/mailing/optout?reset=1&jid=158&qid=48362&h=205cacd213c2f7b8


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