WRITTEN QUESTION E-3798/00 by Maurizio Turco (TDI) to the Council. Limits to the protection of privacy and legal tapping.
Date: 2000-12-07
Institutions: European Parliament, Provisional data
Subjects: area of freedom, security and justice, protection of communications

C 174 E/146

Official Journal of the European Communities

EN

19.6.2001

(2001/C 174 E/150)

WRITTEN QUESTION E-3798/00

by Maurizio Turco (TDI) to the Council

(7 December 2000)

Subject: Limits to the protection of privacy and legal tapping

Under Article 13 of Directive 95/46/EC (1) and Article 14 of Directive 97/66/EC (2), both relating to the
protection of privacy and the processing of personal data, and Article 15 of proposal for a directive
COM(2000) 385, Member States may impose limits on the general principle of respect for privacy where
such measures are required in order to safeguard national security, defence, public security, or the
prevention,
investigation, detection, and prosecution of criminal offences or unauthorised use of tele-
communications or electronic communication systems.

The Working Party set up by Directive 95/46/EC has drawn up recommendation 2/99 on respect for
privacy where telecommunications tapping is concerned,
in which it specifies the requirements that
national laws must meet in order to ensure that tapping carried out by State bodies is consistent with
respect for human rights and fundamental freedoms and Article 8 of the European Convention for the
Protection of Human Rights and Fundamental Freedoms.

In the light of the foregoing, can the Council say:

(cid:129) how it will give effect to the Working Party(cid:146)s recommendation 2/99;

(cid:129) whether it has ascertained that the national laws authorising tapping conform to the requirements laid

down in that recommendation;

(cid:129) whether it believes that the above-mentioned requirements could be incorporated into Directive 95/

46/EC when the latter is revised;

(cid:129) whether it does not consider, given that the Union is called upon to respect human rights and
fundamental freedoms under Articles 6 and 7 of the EU Treaty, that the European institutions should
do more to regulate legal tapping in the Union, for instance by removing or clarifying the exemptions
granted to Member States as regards legal tapping?

(1) OJ L 281, 23.11.1995, p. 31.
(2) OJ L 24, 30.1.1998, p. 1.

(2001/C 174 E/151)

WRITTEN QUESTION E-3802/00

by Maurizio Turco (TDI) to the Council

(7 December 2000)

Subject: Transposal of Directive 97/66/EC

Article 15 of Directive 97/66/EC (1) of the European Parliament and of the Council of 15 December 1997
concerning the processing of personal data and the protection of privacy in the telecommunications sector
stipulates that: (cid:145)Member States shall bring into force the laws, regulations and administrative provisions
necessary for them to comply with this Directive not later than 24 October 1998. By way of derogation
from the first subparagraph, Member States shall bring into force the laws regulations and administrative
provisions necessary for them to comply with Article 5 of this Directive not later than 24 October 2000(cid:146).

Will the Council say:

(cid:129) why provision was made for a derogation in respect of Article 5?

(cid:129) what does it intend to do about the nine countries which have not yet taken any measures? What

procedures will it initiate and when?