European Data Protection Supervisor comments on the Telecoms package
Back in July, we asked you to write to your MEP about worrying last minute amendments to the EU Telecoms Package. Now, the European Data Protection Supervisor (EDPS), an independent supervisory authority devoted to protecting personal data and privacy, has commented in depth on the amendments in a 13-page report.
In reviewing the amendments, the EDPS underlines the concerns raised earlier in the Summer that they could bring in a “3 strikes” style copyright enforcement regime through the backdoor. He states that:
“…it seems fair to say that the amendments do not set up unequivocally a “3 strikes approach” system. They do not spell out thoroughly the details of such a system. However, in the EDPS’ view, these amendments provide for a “slippery slope”, and can be interpreted as erecting the foundations for such a system and even favouring its emergence, to be further developed either at national or EU levels”
Thanks to the letters sent by the ORG community MEPs were alerted to the ambiguities in the proposed amendments and are now seeking to clarify what effects the law will have. The EDPS recommends that
“…in light of the points above, this should be clarified in a recital, which could read as follows: “Cooperation procedures created pursuant to this Directive should not allow for systematic and proactive surveillance of Internet usage””
Voting on the amendments will take place next week. You can download the EDPS report here [pdf]. For more commentary, try: