Um Big Brother real?

No "Público" de hoje,
Combate à criminalidade pode levar à retenção de dados de comunicações em Portugal

Ministros da Justiça Europeus reunidos no Luxemburgo debateram a utilidade de investigação do tráfego de comunicações na luta contra a criminalidade

Ler o Privacy International Report on European Commission and Council Proposals on Data Retention aqui, do qual extraímos as seuintes passagens:

Dear Members of the European Parliament,

We would like to take this opportunity to address you regarding the current proposals on communications data retention. As you are well aware, both the Council and the Commission have put forward proposals on data retention. It now appears that the policy is finally shifting to the first pillar away from the third. This does not mean that the policy has improved. Despite many edits over the last two years, both the Council and the Commission proposals continue to be invasive, illegal, illusory and illegitimate.

Invasive

The Council and the Commission both acknowledge that the retention of traffic data is an intrusion upon the privacy rights of the individual. Over the years the proposals have been modified in recognition of this intrusion.[3]

Illegal

The privacy of communications is given a high standard of protection in international human rights instruments and in many national constitutions. Communications secrecy is necessary for a functioning society.

Illusory

Though there are vast amounts of information generated by activity on modern communications networks, linking this information to individuals’ actions is not simple. The illusion of benefits to security must be confronted with some realities. First, traffic data does not easily link to individual conduct. Second, this policy is linked with the increased identification requirements. Finally, there are also significant technological and financial ramifications.

Illegitimate

Data retention is not a new policy. In fact it has been tried and has failed in a number of jurisdictions around the world. Now the European Parliament is being asked by the Commission to be complicit in the act of policy laundering: to pass laws at the EU level that failed in Member States.

Concluding Remarks

Data retention is a large and complex policy. In this briefing we have highlighted four problematic areas. But data retention is not just invasive, illegal, illusory, and illegitimate. It is bad policy with no clear goals.