EU to Investigate Passport Privacy Concerns

mvdwege writes: "Well, it appears that the old fight between the US and the EU over privacy regulations is about to enter a second round. In response to a letter by a Member of the European Parliament, the Commission has stated that it will start investigating Microsofts possible breach of the EU privacy regulations. The Register has a nice summary."

more importantly

[Yr0]

latvia won the eurovision song contest!

Correction..

[dj28]

"The Register has a nice summary."

If by summary, you mean bias, then you're correct. I think most people here agree that The Register hops on the Microsoft-bashing bandwagon to generate more ad revenue. Take an objective look at it rather than consuming The Register's spin.

in related news...

[__aawsxp7741]

the US government is trying to stop [theregister.co.uk] the European Commission's antitrust case [eu.int] against Microsoft.

Re:Microsoft Is Guilty Of Violating EU Law

[Anonymous Coward]

The European Union will not put up with Microsofts violation of European Directives and Law. If Microsoft continues such criminal activity as spelled out in the EU directives and law they will be banned from doing further business in the European Union. Further the EU and its partner states can file for an arrest warrant and have Bill Gates brought to Europe to face trail in a criminal court of law for willfully violating European Law. The EU could also bring its complaint before the United Nations and file a complaint against Microsoft and the United States for violating existing UN Charters on Privacy. Sanctions on the United States could be asked for and demanded along with penaltys because American Corporation Microsoft Violation of European and United Nation Laws and Charters. A complaint could also be filed before the WTO for violation of the law and charters.

Re:They won't do anything

[Daniel Dvorkin]

You know, as little as a couple of years ago, you'd have been right. But the EU in general is very nervous about America right now. We've got a President they by and large despise (with considerable justification) and giant corporations (like Microsoft) which are effectively their own branches of government. Anything that gives them the chance to cut loose from their dependence on and vulnerability to the US -- militarily, economically, politically, whatever, especially as the lines between those categories blur -- they're going to see as a good thing.

Hypocrites - EU allowing data retention

[villoks]

EU is preparing new legistaltion, which would make compulsory data retention possible forthe member states. The crusial vote on Directive on the protection of privacy in the electronic communications sector is scheduled for 29 May. More detailed information about the directive and backgrounds can be found from here. [epic.org]

GILC [gilc.org] members have launced also a lobbying campaing including an open letter, which can be signed here. [stop1984.com]

Here's also Marco Cappato's (the person in charge of the directive in European Parliament) press release about the situation:

PRIVACY/EUROPEAN PARLIAMENT: CAPPATO (RADICALS) "PPE AND PSE TABLE IN THE EP THE COUNCIL PROPOSALS : IN THIS WAY EUROPE WOULD AUTHORISE DATA RETENTION OF EUROPEAN CITIZENS' INTERNET AND TELEPHONE COMMUNICATIONS"

Brussels, 23 may 2002

European PPE (conservatives) and PSE (socialists) have tabled yesterday common amendments to the Cappato report on privacy in electronic communications, that take over the Council positions on all main issues. Their content is in striking contradiction with the EP first reading position as confirmed by the EP Civil Liberties Committee during the second reading.
The discussion in the EP will take place on the 29th of May in Brussels, while the vote will follow on the next day.

Declaration by Marco Cappato, MEP of the Lista Bonino/Radical Party and EP draftsman
on the EU Commission proposal on the protection of privacy in electronic communications:

"With these amendments, PPE and PSE have abandoned the stance that the EP had taken in first reading and confirmed in second reading in the EP Civil Liberties committee, without getting any politically meaningful concession from the Council.
Ana Palacio Vallelersundi (PPE Spanish MEP), President of the Civil Liberties committee (and Spanish conservative Government representative in the Convention) has promoted the tabling in the EP of amendments that take over the (Spanish conservative) Presidency of the Council gaining the support of the Socialist group in the EP, with the only aim of avoiding the conciliation procedure between the Council and the EP and allowing the Spanish Presidency to close successfully the dossier.
PPE MEPs, that had supported until now the freedom for Member States to decide on the regime to adopt on unsolicited commercial communications, opt-out on directories and cookies, now obey to the Spanish Presidency indications and unite with the PSE in supporting a European opt-in system - although in a softened version - in all the abovementioned cases.
But the most controversial issue is that of the powers the Council wants to give to Member States to impose to Telecom and Internet service providers the retaining of data concerning citizens' communications, SMS, emails, Internet surfing. The PPE-PSE amendment (that goes beyond the legal basis of the directive, that is an internal market measure) inserts in the articles the possibility for Member States to provide for data retention, while guarantees for citizens' privacy are left to a reference to the general principles of community law and to the EU Treaty. The reference to the jurisprudence of the European Court of Human Rights is relegated in the PPE-PSE amendment in the recitals (while the EP had included it in the articles).
I appeal to MEPs to ask them to vote following their conscience and not on a party basis, and to follow my request to delete from the articles of the directive the reference to data retention of citizens' communications."

For more informations:
Marco Cappato offices: 0032 2 2847496
[e-mail] www.radicalparty.org

Re:They won't do anything

[plugger]

Anything that gives them the chance to cut loose from their dependence on and vulnerability to the US -- militarily, economically, politically, whatever, especially as the lines between those categories blur -- they're going to see as a good thing.

Unless you are the UK government of course, then you will be falling over yourselves to allow Microsoft to implement the planned 'Government Gateway' online access point for government services, oh yeah, and also grant Microsoft a licence to resell any resulting intellectual property. Register article here [theregister.co.uk].

Re:They won't do anything

[Zeinfeld]

Then, Microsoft will send in the high priced lawyers and lobbyists. Europe, fearing losing Microsoft business will slap them on the wrist, and business will go on as usual.

While a number of European governments are as corrupt as the US Congress none of them operates in quite the same way. The EU officials who are in charge of implementing the directive do not stand for election and in any case European politicians do not collect campaign funds directly for their personal campaigns.

Nor does Microsoft have any significant political leverage with the EU. The only country it has significant investment in is the UK and that is a high powered research lab they are not going to close. Microsoft might ask the Bush administration to exercise leverage however after the steel tarifs and the farm bill the US does not have any.

Although Microsoft is not going to intimidate or bribe the EU into submission the Passport issue is not a problem. While Microsoft could in theory abuse their ability to collect personal info they merely have to undertake not to abuse the data, they do not have to design the system so that the data cannot posibly be abused.

While such 'undertakings' tend to be considered by US firms to be loopholes to be exploited while the government turns a blind eye, the EU is not like the US in that regard. Microsoft would be making a major mistake if they broke their undertakings. The EU can and will impose very very large fines.

Data protection in the EU

[theolein]

For quite a long time I've wondered why there has been no investigation on MS's EULA's and Passport in the EU, since most of these contravene EU wide laws on Privacy of Data where explicit agreement is required before Data can be used or given to third parties and while I'm not sure about it alltogether, I think that MS's EULA's also contravene one or two EU laws in the EU with respect to bought products etc. (Trying to control the product after sale etc).

I was one of the many who wrote in to the EU commisioner to complain about Passport. If you make a lucid complaint and have a valid view on some MS abuse etc, mail the EU. They generally do respond if you're not spamming or flaming and it seems that they do take the issues up.