WRITTEN QUESTION E-2317/03 by Armando Cossutta (GUE/NGL) to the Commission. European citizens' right to privacy.
Date: 2003-07-14
Institutions: European Parliament, Provisional data
Subjects: EU relations, United States, international meeting, personal data, protection of communications, protection of privacy, terrorism

8.4.2004

EN

Official Journal of the European Union

C 88 E/401

Delegation. However, during discussions at the consulate meeting the latest figure mentioned for Western
prisoners in Tokyo alone was 100. Precise data is difficult to obtain, particularly if Union citizens are
arrested and held in local prefectures.
(In some cases this also involves a different interpretation of
nationality as for instance the United Kingdom Embassy does not accept Hong Kong citizens to be
considered as Chinese nationals by the Japanese authorities). The highest proportion of cases concern the
violation of drug related laws. The Commission is not in a position, therefore, to give a more detailed
breakdown in terms of numbers from each Member State. This information should be sought from the
Member States themselves.

(2004/C 88 E/0407)

WRITTEN QUESTION E-2317/03

by Armando Cossutta (GUE/NGL) to the Commission

(14 July 2003)

Subject: European citizens’ right to privacy

(originally ‘Total

Information Awareness’,

The EU-US summit was held on 25 June this year. One of the topics was or should have been the TIA
project
subsequently changed to ‘Terrorism Information
Awareness’), basically a project to provide a gigantic apparatus for gathering and analysing information
obtained from the most varied sources, ranging from existing data banks to commercial transactions, from
people’s movements to intercepted communications. According to Stefano Rodotà, the guarantor of the
Italian privacy watchdog, we are witnessing a new dimension of surveillance, which increases the power of
the State to obtain any personal data, irrespective of who gathered it and the original purpose for which it
was gathered. The European Parliament, via its President Pat Cox, made its views clear: ‘we cannot let the
US dictate law in Europe’.

1. What was the outcome, as regards the TIA, of the summit meeting between the EU and the US held
on 25 June this year?

Does the Commission not consider that US legislation on the subject cannot and must not have
if necessary, the most appropriate way of settling such issues is by

2.
extraterritorial validity and that,
international treaty?

Did the Commission uphold the principle that it is unacceptable that the United States should gather,
information resulting from communications freely exchanged between

3.
by any means at its disposal,
European citizens?

4. What steps will the Commission take to safeguard the privacy of European citizens?

Answer given by Mr Patten on behalf of the Commission

(16 September 2003)

The Commission is following closely the whole range of initiatives introduced by the United States of

1.
America since 11 September 2001, which aim at enhancing security.

Among these is the Terrorism Information Awareness (TIA) project, raised by the Honourable Member.
Since the beginning of 2003, various congressional actions have aimed at imposing a moratorium on the
use, without congressional approval and appropriate civil liberties protections, of data mining technology
by the Defence department and by the new Department of Homeland Security.
In February 2003,
Congress suspended funding for the Total Information Awareness programme and required the Defence
It also restricted the
Department

to explain the project’s privacy and civil

liberties implications.

C 88 E/402

Official Journal of the European Union

EN

8.4.2004

implementation of the programme on American persons to specific authorisation by law from Congress.
This text was signed into law by the President of the United States on 20 February 2003. On 20 May
2003, the Department of Defence Advanced Research Projects Agency (DARPA) published that report. The
name of the programme was changed from ‘Total’ to Terrorism Information Awareness project, as noted
by the Honourable Member.

2.
Given the nature of the TIA programme and the possibility that its activities might involve the rights
of European citizens, the Commission is actively monitoring developments in this field and has already
raised the issue in the framework of the ongoing discussions with the United States on access to personal
data collected by airlines (Passenger Name Record or ‘PNR’). The Commission shares the Honourable
Member’s view that the scope of United States’ legislation on data collection should not operate extra-
jurisdictionally. The nature of the activities under examination, however, is such that international co-
operation will be needed to find solutions to areas of concern.

3.
Although the TIA was not formally on the agenda of the Union-United States Summit of 25 June
2003, the broader issue of data protection was, in connection with the discussions on PNR referred to
above.

The Commission agrees with the Honourable Member that the various United States’
laws aimed at
collecting data are likely to affect the rights of European citizens and will therefore continue to monitor
developments and discuss the matter with the United States in order to find satisfactory solutions that
ensures the greatest possible respect for European data protection principles and safeguard the right to
privacy of European citizens.

4.
The Commission takes note of the Honourable Member’s opinion that the most appropriate way of
settling such issues is an international treaty and will give consideration to this option in its internal
deliberations as well as in its discussions with the United States. The Commission will continue to keep the
Civil Liberties Committee of the Parliament informed on the progress of these discussions and would
welcome further debate on this matter in that forum.

(2004/C 88 E/0408)

WRITTEN QUESTION E-2357/03

by Maurizio Turco (NI) to the Commission

(17 July 2003)

Subject: Violation of religious freedom against Muslims in Uzbekistan

Given that:

(cid:1) on 17 June about 50 women met in Namangan to call for the release of their husbands, who are

‘prisoners of conscience’, imprisoned because of their Muslim faith;

(cid:1) Misor Ubaidulaeva, one of the demonstrators,

is complaining about the conditions in which her
husband is detained. He is beaten daily and has now lost his hearing because of the blows he has
received;

(cid:1) the local police do not deny that they have put pressure on her to sign a written statement promising

that she will not take part in any more ‘unlawful meetings’.

In view of the excellent economic and commercial cooperation relations between the European Union and
Uzbekistan can the Commission say:

(cid:1) whether it is aware of the facts outlined above;

(cid:1) what steps it will take, in the context of cooperation relations, as a serious and effective means of

inducing Uzbekistan to respect religious freedom?