WRITTEN QUESTION E-3859/00

by Diana Wallis (ELDR) to the Commission

(8 December 2000)

Subject: Community-wide interception systems

In response to my Question E-2655/00(1), the Commission stated that it was not aware of any attempt to impose built-in interception systems on a Community-wide scale.

Articles 20 (real time collection of computer data) and 21 (interception of content data) of the draft Council of Europe Cybercrime Convention do imply the introduction of built-in surveillance systems on a pan-European and potentially (thanks to US involvement in the drafting process) global scale. The implausibly broad definitions provided in Article 1 of the draft Convention make this threat even bigger. In its non-paper of 2 October 2000, the European Commission itself raised numerous concerns regarding the current draft Convention, indicating the seriousness of this proposal.

The Council of Europe's Document CJ-PD(2000)10, which discusses protection of personal data, says, in relation to Directive 95/46/EC(2), that one could argue that a general mandatory retention of traffic data is necessary for the investigation of criminal offences. As the draft convention describes traffic data as any computer data referring to a communication, it is difficult to see how this could be imposed without a comprehensive surveillance system.

Could the Commission indicate what it intends to do in order to ensure that the Convention does not lead to built-in surveillance systems?

(1) OJ C 113 E, 18.4.2001, p. 143.

(2) OJ L 281, 23.11.1995, p. 31.

Answer given by Mr Liikanen on behalf of the Commission

(22 February 2001)

In the context of the ongoing negotiations for a Council of Europe convention on Cybercrime, the Commission has submitted a non-paper in which various concerns are expressed regarding aspects of protection of privacy within the emerging text, as the Honourable Member has noted.

The Commission will continue to participate actively in these negotiations, in which it has observer status, and defend the acquis communautaire to the best of its abilities.