Privacy - Personal Data

Privacy - Personal Data

Adoption of three texts on personal data: teach yourself how to be safe!

Paris, 14 April 2016 — Today, the European Parliament adopted three texts on personal data: the regulation framework for personal data processing by private companies, the Directive on judicial and police processing of personal data, and the PNR (Passenger Name Record) that aims at the creation of national records gathering large amounts of data of persons travelling from or to the European Union, including internal flights. These texts feature numerous loopholes that threaten the right to privacy. Given the inability of the institutions to come up with regulations that actually protect Internet users, it is up to each and every one of us to learn how to protect themselves, their personal data and their privacy on the Internet.

Open Letter from the OLN to the WP29 and the European Parliament on the Privacy Shield

Paris, 7 April 2016 — The Privacy Shield, a framework for personal data transfers towards US-based companies, is currently under negotiation. This new agreement follows the invalidation of the Safe Harbor by the European Court of Justice (ECJ), who ruled that it did not uphold a substantially equivalent protection for personal data of people protected under European law, and suggested new measures to address it. Since the draft Privacy Shield does not take these measures into account, the resulting agreement is bound to reduce the fundamental rights of Europeans.

Joint communiqué from the Observatoire des Libertés et du Numérique (Freedoms and Digital Observatory)1

European directive: worrying expansion of anti-terrorism scope

Paris, 1 April 2016 — While tragic attacks struck the heart of the European Union, the directive on combating terrorism, currently being discussed by the European Parliament, could speed up the implementation of security policies across the whole Europe. La Quadrature du Net is concerned about a Europeanisation of the French Anti-Terrorism drifts.

Administrative Access to Metadata: French Council of State Flees EU Debate

Paris, 15 February 2016 — The French Council of State has released an eagerly awaited decision (fr) on the validity of administrative access to connection data. La Quadrature du Net, French Data Network and the FDN Federation have been calling into question the Military Programmation Law (LPM) and its application decree that enables the administration to access connection data without requiring any judicial control. By refusing to repeal the decree and to transmit the question to the European Court of Justice (ECJ) for a preliminary ruling, the Council of State avoids any judicial debate and isolates French vis-à-vis EU case law.

Open Letter to Věra Jourová: From Safe Harbor to Privacy Shield, Words in the Wind

Paris, 10 February 2016 — On 6 October 2015, the European Court of Justice (ECJ) invalidated the Safe Harbor, the agreement concluded in 2000 with the USA in order to give a legal framework to data transfers between the European Union and the USA. The WP29, a working group bringing together all Member States' national data protection authorities, waited until the end of January for the European Commission to draft a new agreement taking into account the requirements of the ECJ. This agreement called "Privacy Shield" was announced on 2 February but only contains vague promises.

Data Retention: Will the French Council of State Defy the ECJ?

Paris, 10 February 2016 — As the French Council of State is set to render a first decision on this burning issue this Friday1, Privacy International (PI) and the Center for Democracy and Technology (CDT) have submitted a third party intervention aiming to support the legal challenges brought by FDN, the FDN Federation and La Quadrature du Net. The goal: repealing the provisions enforcing the generalised retention of metadata in France and allowing the European Court of Justice (ECJ) to play its role of guardian of fundamental rights.

Surveillance: would French socialist MEPs have anything to hide?

Paris, 29 October 2015 — French socialists have, once again, betrayed liberties to strenghen surveillance! Claude Moraes' report has been adopted today by the European Parliament. This report was condemning mass surveillance and calling for an investigation of French surveillance laws. But thanks to the pressure exerted by French Socialist MEPs on their party, any mention of investigation into French laws has been erased.

Surveillance law: France carefully listening to the world! (at last...)

Paris, 28 October 2015 — French Senate has approved last night the bill on international surveillance (fr), legalising mass surveillance beyond French borders, incidentally affecting numerous French people. La Quadrature Du Net salutes French consistency in terms of serious violations of Human Rights.

Safe harbor: abusive data collection and mass surveillance repealed by the European Court of Justice!

Paris, 6 October 2015 — By a decision published this morning, the Court of Justice of the European Union (CJEU), the highest European jurisdiction, repealed the Safe Harbor agreement. This agreement in effect since 2000, allows data transfers between Europe and the United States under different versions, authorised the processing of European citizens' data by US companies, with fewer guarantees than those existing in Europe. Max Schrems, an Austrian citizen, has put Facebook on trial since the monitoring by the NSA of his data hosted by Facebook had an impact on his freedom and privacy. The CJEU today confirmed his viewpoint by invalidating the Safe Harbor and held that the European Commission abused its power by approving it. The CJEU also affirmed that a local data protection authority may dissent a European agreement if guarantees granted to citizens were modified.

Surveillance: Legislative parody from French MP, Patrica Adam at the Defence Commisson

Paris, 30 September 2015 — The Commission of Defence of the French Lower Chamber has massively rejected all amendments presented by Laure de La Raudière, Lionel Tardy and Sergio Coronado (in the group EELV) and will only keep amendments on procedure (fr). Patricia Adam, President of the Commission of Defence, and Rapporteur of the bill, is not even trying to hide her interest to silence any eventual discussion on the regulation of international surveillance and the huge violation of Human Rights introduced by it.

French Intelligence: the mad race to international mass surveillance

Paris, 30th September 2015 — The review of the bill related to international electronic communications surveillance measures will insidiously start on the 1st October 2015. It can already expect a bright future, made of flash reviews and hurried debates. After the censorship by the French Constitutional Council, which cut off its general approach on international intelligence, this text claims to fill the void and provide "key progress": the regulation of foreign intelligence activities.

Joint communiqué from the Observatoire des Libertés et du Numérique (Freedoms and Digital Observatory)1

Safe Harbor Suspension by EU Court of Justice Is an Essential First Step

Paris, 24 September 2015 — The Advocate General of the Court of Justice of the European Union (CJEU) published on 23rd September his conclusions in the case "Maximilian Schrems against Data Protection Commissioner". The Advocate General, Yves Bot, recommends an invalidation of the Safe Harbor agreement which regulates the transfer of personal data of European citizens by online services like Facebook, to the United States. The Advocate General considers that the surveillance carried out by US intelligence services hinders fundamental rights of European citizens. La Quadrature du Net welcomes these clear and protective conclusions, and hopes that the EU Court of Justice will have the courage to follow him in challenging Safe Harbor as demanded by civil society since the first Snowden revelations. Additionally, putting Safe Harbour aside, his analysis of the NSA's practices should also apply to mass surveillance by European governments, such as France.

French-American Lawyer to Refer to French Surveillance Watchdog against International Surveillance

Paris, 16 September 2015 — After yesterday's announcement by the French government that the bill on International Surveillance will be discussed on a fast track procedure, the bill was adopted this morning at the Defence Committee by the French Lower Chamber in only twenty minutes and without almost any debate. A French and American lawyer has just legally challenged the National Commission of Control of Security Interceptions (CNCIS, French Surveillance Watchdog) regarding the secret implementing decree of 2008. Could it be that the French government is worried about opening up its surveillance practices?

Data Protection: Unambiguous is Ambiguous

Paris, 16th September 2015 — The main pending issues for the European Data Protection Regulation will be discussed on 16th and 17th September during the coming trialogue meeting. The latest proposals from the Council visibly aim at limiting the guarantees provided to the users in favor of private lobbies.

International Surveillance: A New French Bill to Collect Data Worldwide!

Paris, 15th September 2015 — After the French Constitutional Council censored measures on international surveillance in the Surveillance Law voted last June, the government fires back with a bill that will be discussed at the end of September in the National Assembly. La Quadrature du Net strongly rejects the unacceptable clauses which would launch an “intelligence war” against our European and international partners.

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