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[DFRI-listan] EU draft report on US NSA surveillance programme

The European Parliament Committee on Civil Liberties, Justice and Home Affairs has released a draft report on the US NSA surveillance programme, surveillance bodies in various Member States and their impact on EU citizens’ fundamental rights and on transatlantic cooperation in Justice and Home Affairs.

Hits a lot good points including how the US (and some EU member states) are undermining state sovereignty, human rights, and creating a regime that can be used for political and economic gain.

The reports questions the validity and legality of mass surveillance, notes that the US and EU surveillance oversight bodies lack democratic legitimacy as well as technical expertise.

A couple quotes:

"Notes that several governments claim that these mass surveillance programmes are necessary to combat terrorism; wholeheartedly supports the fight against terrorism, but strongly believes that it can never in itself be a justification for untargeted, secret and sometimes even illegal mass surveillance programmes; expresses concerns, therefore, regarding the legality, necessity and proportionality of these programmes;" (p16). [Additionally, the report specifically calls out the detainment of David Miranda as a limitation of freedom of _expression_ - p. 26]

"Considers that large-scale access by US intelligence agencies to EU personal data  processed by Safe Harbour does not per se meet the criteria for derogation under ‘national security'" (20)

The report:
  • "Calls on the US authorities and the EU Member States to prohibit blanket mass surveillance activities and bulk processing of personal data" (19)
  • Ensure that surveillance is in-line with European Human Rights
  • Urges states to take court action against breaches of sovereignty resulting from surveillance
  • Calls on the US to revise legislation 
  • On the Transatlantic Trade and Investment Partnership Agreement emphasises that Parliament "only consent to the final TTIP agreement provided the agreement fully respects fundamental rights recognised by the EU Charter, and that the protection of the privacy of individuals in relation to the processing and dissemination of personal data must continue to be governed by Article XIV of the GATS." (24)
I'm not sure what they mean by "suspend data flows" in this paragraph on p. 22. Doesn't anyone have any ideas? I feel this could be potentially concerning depending on what they mean:
39. Calls on the Member States to prohibit or suspend data flows to third countries based on the standard contractual clauses, contractual clauses or BCRs authorised by the  national competent authorities where it is established that the law to which the data  importer is subject imposes upon him requirements which go beyond the restrictions  necessary in a democratic society and which are likely to have a substantial adverse  effect on the guarantees provided by the applicable data protection law and the  standard contractual clauses, or because continuing transfer would create an imminent risk of grave harm to the data subjects

The report is here: