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    ISSN; 1756-851X
    01; February 2019
 

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EU: New report examines widespread deployment of automated decision-making systems in policing, employment, social security and more

A new report by Algorithm Watch says that automated decision-making systems of one kind or another are in use in "almost all aspects of daily life" across the EU.

Refugee crisis: latest news from across Europe (22-28.1.19) including:

  • Forced evictions of centre for refugees and asylum-seekers in Italy
  • UK-France action plan on small boats crossing the Channel
  • Council of the EU discussion documents on Frontex, Returns Directive, and Qualification and Resettlement Regulations

EU: Inclusion of dual nationals in new criminal records database "incompatible" with the right to non-discrimination

A new EU database approved by the European Parliament's civil liberties committee last week will breach the right to non-discrimination, according to a committee of international legal experts.

UK-ECHR: Calls for extremism database to be abolished as ECtHR rules UK police violated peaceful pensioner's privacy rights

There have been calls for the database on "domestic extremists" hosted by the Metropolitan Police to be abolished following the European Court of Human Rights (ECtHR) ruling last week that the police's failure to delete data held on John Catt, a peaceful protester who is now 94 years old, violated his right to privacy.

EU: Visa Information System: child fingerprinting and police access proposals criticised by data protection authorities

European data protection authorities have strongly criticised the European Commission's proposals to extend the Visa Information System (VIS), arguing that the lowering of the fingerprinting age for children, access to visa data by law enforcement authorities and the storage of long-stay visas and residence permits in the database fail to meet basic data protection and fundamental rights standards.

GERMANY: Police Laws in Saxony: Czech, Polish and German Criticism on Plans for Facial Recognition in the Border Region (Digitalcourage, link)

"Together with our Czech partner organisation IURE and the Polish Panoptykon Foundation, we strongly criticize the planned preventive automatic facial recognition in the border region of the German federal state of Saxony, the Czech Republic and Poland."

EU-POLAND: The rule of law in Poland: reports from the Council's hearings

Statewatch is today publishing the two most recent reports produced by the Council on its 'hearings' on the situation of the rule of law in Poland, which have been held in the General Affairs Council (GAC).

GREECE: Protests on Samos: demands for rights, freedom and healthcare (Pressenza, link):

"...over the past 6 months the refugee population on the island has grown and over the final months of 2018 and the first few weeks of January 2019 has fluctuated between 4000 and 5000 people. The Reception Centre has an official capacity below 700 and as a result the majority of people now live outside of the centres fences within an area referred to as ‘the jungle’."

And see: a marche des réfugiés africaine à samos (You Tube, link)

European Parliament Study: Fit for purpose? The Facilitation Directive and the criminalisation of humanitarian assistance to irregular migrants: 2018 Update (pdf):

"Policing humanitarianism negatively affects EU citizens’ rights – such as the freedom of assembly, freedom of speech and freedom of conscience. When civil society is effectively (self-)silenced and its accountability role undermined, policies to combat migrant smuggling may be overused and give rise to serious breaches of the EU’s founding values, notably the rule of law, democracy and fundamental rights. Moreover, policing humanitarianism negatively affects wider societal trust and diverts the limited resources of law enforcement from investigating more serious crimes."

Council of the European Union: Qualifications & Resettlement Regulations - latest

Refugee crisis: latest news from across Europe (10-21.1.19) including:

  • Libya: Nightmarish Detention for Migrants, Asylum Seekers
  • Germany deports record number of refugees to other EU states
  • 'About 170 migrants dead' in Mediterranean shipwrecks

EU: Open letter to European Institutions: public reporting must be a safe option for whistleblowers (European Federation of Journalists, link):

"The Council of the European Union will soon adopt its general approach on the directive on the protection of whistleblowers. Ahead of this crucial political agreement among the Member States, the European Federation of Journalists (EFJ) would like to insist about the importance of granting the widest protection to whistleblowers, including persons choosing to turn to the media to blow the whistle."

ITALY: Stefano Cucchi: How one death in custody has become the symbol of police brutality in Italy (Lacuna, link):

"The death in custody of 31-year-old Stefano Cucchi has brought the abuse of police power under scrutiny in Italy. After losing her brother and enduring the subsequent trial, Ilaria Cucchi is now receiving harassment and online threats from police officers. Sociologists say Stefano’s case is not isolated and ask what the country will do to clean up its policing."

See also: Statewatch Analysis: Shocking death spotlights prisoner plight (June 2010, pdf)

EU: Bulgaria and Hungary are undermining the rule of law with "European supervision"

According to analyses published earlier this month by the website Verfassungsblog, the Bulgarian and Hungarian governments are undermining the rule of law and the independence of the judiciary whilst obtaining nominal approval for their actions from institutions such as the European Commission, the European Court of Human Rights and the Council of Europe's Venice Commission (formally known as the European Commission for Democracy through Law).

EU-IRELAND: Fingerprints in passport cards: Irish government obtains opt-out

The Irish government has obtained an opt-out from what would have been a requirement for the fingerprinting of all holders of the country's passport card, which can be used as a more convenient alternative to the standard passport book.

Germany's intelligence agency to step up surveillance of AfD (The Local, link):

"Germany's domestic intelligence will step up monitoring for political extremism of the far-right AfD [Alternative für Deutschland, Alternative for Germany] party, sources said Tuesday, a blow to the party in a busy election year.

However, the agency has shied away from immediate full surveillance of the entire party, including phone and email taps, the use of undercover informants and the collection of personal data on MPs."

PSNI agrees to publish policy on biometric data retention in court case settlement (Irish Legal News, link):

"The PSNI will publish a formal public policy on its retention of biometric data after settling a case brought by the Northern Ireland Human Rights Commission (NIHRC).

The NIHRC issued judicial review proceedings against the PSNI in December 2017 on behalf of an individual who wanted them to erase fingerprints and DNA retained after the individual was arrested in 2009."

Irish passport card holders to be fingerprinted under new EU rules

New EU rules on national identity cards and travel documents will "compel Ireland to introduce fingerprinting" of all holders of the Irish passport card, according to a document circulated by the Austrian Presidency of the Council of the EU (pdf).

Refugee crisis: latest news from across Europe (3-9.1.19) including:

  • Sea Watch and Sea Eye allowed to disembark in Malta
  • Man dies in Moria camp on Lesvos, Greece and Oxfam condemns conditions
  • Italian mayors oppose Salvini's migration decree
  • UN report on conditions faced by migrants and refugees in Libya

UPDATED: Statewatch Observatory: Creation of a centralised Justice & Home Affairs database The Observatory has been updated with new documents.

EU: New Schengen Information System rules in force: deportation decisions to be included, new types of police check permitted

At the end of December three new Regulations governing the Schengen Information System II (SIS II), the EU's largest database and information system for law enforcement and migration purposes, came into force.

UN report: Desperate and Dangerous: Report on the human rights situation of migrants and refugees in Libya (pdf)

Northern Ireland's hidden borders (Verso, link):

"This [racial profiling at the borders between the Republic of Ireland, Northern Ireland and mainland UK] is likely to become worse after Brexit, for a larger number of people, whatever solution is reached about the border... Operation Gull targets communities of colour, violates the spirit of the Good Friday Agreement, and has no place Ireland. It’s time for Gull to go."

Europol to coordinate hacking authorities in Member States (link):

"European police should access computers and telephones with Trojan programs. Europol is now building up a "decryption platform“ in The Hague.

The European Union wants to support the Member States in intercepting telecommunications. Investigators should be able to penetrate private computers or mobile phones to install software to read encrypted messages. This was confirmed by the German Federal Ministry of the Interior (MOI) in response to a question by a Left Party Member of Parliament. The focus is on the police agency Europol, which has been commissioned to set up a „decryption platform“.

See also: Statewatch Analysis: EU agrees rules for remote computer access by police forces (pdf)


Top reports

See: Resources for researchers: Statewatch Analyses: 1999-ongoing

SECILE Project:

Borderline: The EU's New Border Surveillance Initiatives: Assessing the Costs and Fundamental Rights Implications of EUROSUR and the "Smart Borders" Proposals (pdf) A study by the Heinrich Böll Foundation. Written by Dr. Ben Hayes and Mathias Vermeulen: "Unable to tackle the root of the problem, the member states are upgrading the Union’s external borders. Such a highly parochial approach taken to a massive scale threatens some of the EU’s fundamental values - under the pretence that one’s own interests are at stake. Such an approach borders on the inhumane."

How the EU works and justice and home affairs decision-making (pdf)

Statewatch's 20th Anniversary Conference, June 2011: Statewatch conference speeches

TNI/Statewatch: Counter-terrorism, 'policy laundering' and the FATF - legalising surveillance, regulating civil society (pdf) by Ben Hayes

Statewatch publication: Guide to EU decision-making and justice and home affairs after the Lisbon Treaty (pdf) by Steve Peers, Professor of Law, University of Essex, with additional material by Tony Bunyan

Neoconopticon: the EU security-industrial complex (pdf) by Ben Hayes

The Shape of Things to Come (pdf) by Tony Bunyan


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