On 13 dec 2011, at 14:07, Gordon Lennox wrote:
A press release, some aspects of which I presume are of particular interest to this group:
Interesting... Good initiative I must say. But, how does it connect to what other DG do? What is the connection between initiatives like these and what DG Home Affairs is trying to do when looking at the Data Retention Directive and other things? I.e. is it DG INFSO or HOME or a combination that is responsible for calculation of the proportionality between for example human rights and effect, like is pointed out in 1(3a) in the electronic communications directive?
3a. Measures taken by Member States regarding end-users access̓ to, or use of, services and applications through electronic communications networks shall respect the fundamental rights and freedoms of natural persons, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms and general principles of Community law.
Any of these measures regarding end-users̓ access to, or use of, services and applications through electronic communications networks liable to restrict those fundamental rights or freedoms may only be imposed if they are appropriate, proportionate and necessary within a democratic society, and their implementation shall be subject to adequate procedural safeguards in conformity with the European Convention for the Protection of Human Rights and Fundamental Freedoms and with general principles of Community law, including effective judicial protection and due process. Accordingly, these measures may only be taken with due respect for the principle of the presumption of innocence and the right to privacy. A prior, fair and impartial procedure shall be guaranteed, including the right to be heard of the person or persons concerned, subject to the need for appropriate conditions and procedural arrangements in duly substantiated cases of urgency in conformity with the European Convention for the Protection of Human Rights and Fundamental Freedoms. The right to effective and timely judicial review shall be guaranteed.
Or is that something this initiative by Kroes is supposed to give answers to? How this is to be implemented in reality in EU. Specifically given the statement by Ashton in the press release. Patrik