WRITTEN QUESTION P-4002/03 by Marco Cappato (NI) to the Commission. Violation of privacy at the World Summit on the Information Society.
Date: 2003-12-19
Institutions: European Parliament, Provisional data
Subjects: information society, personal data, protection of privacy, research staff, summit meeting

3.4.2004

EN

Official Journal of the European Union

C 84 E/129

It offers a choice for the tenderers to submit tenders:

(a) by post, for which purposes the invitation to tender documents shall specify that the relevant date is

to be the date of dispatch by registered post, as evidenced by the postmark; or

(b) by hand-delivery to the premises of the institution by the tenderer in person or by an agent, including
courier service; for which purposes the invitation to tender documents shall specify, in addition to the
information referred to in point (a) of Article 130(2), the department to which tenders are to be
delivered against a signed and dated receipt.

This freedom of choice for the tenderer guarantees the respect of the aforementioned principles. Besides,
‘registered service’ is a part of the universal postal service required by the Postal Services Directive (2) to be
available to customers in all Member States.

The Royal Mail, a public limited company wholly owned by the Government, is required by its licence to
offer a service which is the equivalent to registered post, described as ‘registered (signed for) delivery’, with
proof of posting, available in any Post Office branch in the United Kingdom for delivery in the United
Kingdom and abroad.

(1) Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the
implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the
general budget of the European Communities, OJ L 357, 31.12.2002.

(2) Directive 2002/39/EC of the Parliament and of the Council of 10 June 2002 amending Directive 97/67/EC with

regard to the further opening to competition of Community postal services, OJ L 176, 5.7.2002.

(2004/C 84 E/0166)

WRITTEN QUESTION P-4002/03

by Marco Cappato (NI) to the Commission

(19 December 2003)

Subject: Violation of privacy at the World Summit on the Information Society

The World Summit on the Information Society (WSIS) took place from 10 to 12 December 2003 at the
Palaexpo in Geneva.

Three of the experts present (cid:1) Alberto Escudero-Pascual (of the Royal Institute of Technology, Stockholm),
Stephane Koch (president of the Internet Society, Geneva) and George Danezis (a Cambridge University
researcher) (cid:1) have complained that the badges issued them on registration for the Summit contained radio
frequency identification chips (RFID chips) enabling individual delegates’ movements within the Palaexpo’s
different areas to be tracked.

It appears from the three experts’ complaints that the use of such chips and the lack of a privacy policy on
the part of the WSIS place it in breach of the EU privacy directive, of the UN guidelines on the use of
personal files, and of Swiss law on personal data protection.

Was the Commission aware that the badges contained chips of this nature?

the Commission seek formal explanations from the organisers of

Will
the summit and the Swiss
government, and will it call for the full and immediate deletion of the personal data thus illegally collected?

Answer given by Mr Liikanen on behalf of the Commission

(28 January 2004)

At the World Summit on the Information Society held in Geneva from 10 to 12 December 2003, use was
reportedly made of RFID technology-based badges to control access to certain restricted areas at the
Summit venue.

C 84 E/130

Official Journal of the European Union

EN

3.4.2004

Although the Commission in principle promotes the use of new, innovative technology such as RFID, any
application based on such technology should respect the principles applicable to the processing of
personal data of Union citizens transferred from the Union to a third country.

The RFID system seemed to be partly functioning on the basis of the processing of personal data of
participants who had registered online, prior to the Summit, from their resident country.

The Commission will seek further information on whether and how RFID-based applications were used in
relation to personal data transferred from the Union, in order to assess the legality of the processing under
Community law.

(2004/C 84 E/0167)

WRITTEN QUESTION E-4006/03

by Glyn Ford (PSE) to the Commission

(8 January 2004)

Subject: Residence permits and the difficulty of obtaining them

Is the Commission aware that European Union citizens living in a member state other than their own must
register with the authorities and apply for a residence permit and that, moreover, the procedure involved
in securing a residence permit is never straightforward?

For example, a British woman living in Melilla, Spain does not have a residence permit. In order for her to
secure one, she has to provide details of employment, address and even fingerprints as part of a procedure
that has, to date, taken six months.

We are supposed to be encouraging free movement of people within the EU. It seems ridiculous that an
EU citizen must, in essence, apply to live in another EU Member State, which makes a mockery of the free
movement provisions in the treaties.

Would the Commission raise the issue with the relevant Spanish authorities?

Answer given by Mr Vitorino on behalf of the Commission

(11 February 2004)

Community law on free movement and residence provides that Member States shall grant the right of
residence in their territory to EU citizens who intend to reside therein for a period of more than three
months, subject to certain conditions. These conditions are, basically, to provide proof that they are
employed or self-employed, or else that they are covered by sickness insurance in respect of all risks and
that they dispose of sufficient resources to avoid becoming a burden for the social assistance system of the
host Member State during their period of residence. It is, therefore, legitimate for Member States to require
EU citizens to obtain a residence card upon proof that they comply with these conditions.

Community law also provides that the decision to grant residence permits must be taken as soon as
possible and no later than six months after application. In the past, the Commission has taken contact
with the Spanish authorities on the question of delays to issue or renew residence cards, following
individual complaints.

Moreover, the Commission draws the attention of the Honourable Member to the fact that, in accordance
with the proposal for a Directive of the Parliament and the Council on the right of citizens of the Union
and their family members to move and reside within the territory of the Member States (1) on which the
Council adopted a common position on 5 December 2003, which has been transmitted to the Parliament,
residence cards shall be suppressed for EU nationals. Under this proposal, host Member States may still