WRITTEN QUESTION E-1389/03

by Elly Plooij-van Gorsel (ELDR) to the Commission

(15 April 2003)

Subject: Bugging

Two weeks ago it was revealed that bugging devices had been found in the Justus Lipsius building. It is not known by whom and when the devices were installed. It is possible that this was already done when the building was being constructed. The situation is very worrying and could seriously damage the economic and political interests of the Union. The bugging devices only came to light at the Council because a new security unit had recently been set up which has very sophisticated electronic equipment.

1. Does the Commission know about this situation?

2. Does the Commission think that such devices could also be found in its own buildings?

3. Does the Commission have equipment for detecting bugging devices of this kind, bearing in mind that confidential information could also be listened in to at the Commission, which could seriously damage the economic and political interests of the Union? What specific measures does the Commission plan to take to prevent bugging of its buildings, and when?

Answer given by Mr Kinnock on behalf of the Commission

(27 May 2003)

1. Yes, the Commission security service was briefed about the situation in the Council and its services co-operated with those of the Council in the technical investigation. The Honourable Member will understand that no more details can be given because this question is currently undergoing judicial proceedings.

2. Comprehensive and perfect protection against eavesdropping appears to be technically impossible for any administration of the size and transparency of the Commission.

However, efforts to ensure an acceptable degree of protection are sustained, and the Commission's approach to safeguarding the confidentiality of sensitive information. includes:

(a) making Commission staff aware of the risks from eavesdropping and unauthorised access to sensitive documents;

(b) identifying the information which requires protection and classifying it accordingly; and

(c) preventing the communication of such information in insecure environments and through insecure communication channels.

3. The Commission has equipment to detect listening devices and part of this equipment was made available to the Security service of the Council to assist them in undertaking the investigation mentioned in reply to question 1.

The handling of classified information within the Commission is governed by Commission Decision C(2001) 3031(1). These rules are the same as those in Member States, the North Atlantic Treaty Organisation (NATO), and the Council. According to this Decision, the protection of classified information requires a wide range of security measures, including the construction of security areas in which classified information may be dealt with. Technical inspections to detect listening devices form part of these measures. In conformity with customary security practise, depending on the actual threat, and the level of confidentiality, and in accordance with Decision C(2001) 3031, technical inspections are carried out if considered to be necessary in a given situation.

The policy of international organisations such as the Commission, the Council or NATO for sweeping rooms is to investigate those premises where information classified EU SECRET and higher is regularly processed.

By the Commission Decision in question, the Commission Security Directorate has been given the responsibility for carrying out such measures, and has the necessary equipment for doing so.

(1) OJ L 317, 3.12.2001.