European Parliament

EUROPEAN PARLIAMENT 2004 2009 Session document A6-0103/2009 25.2.2009 REPORT with a proposal for a European Parliament recommendation to the Council on strengthening security and fundamental freedoms on the Internet (2008/2160(INI)) Committee on Civil Liberties, Justice and Home Affairs Rapporteur: Stavros Lambrinidis RR\416306EN.doc PE416.306v03-00 EN EN PR_INI_art114 CONTENTS Page PROPOSAL FOR A EUROPEAN PARLIAMENT RECOMMENDATION TO THE COUNCIL..............................................................................................................................3 EXPLANATORY STATEMENT.........................................................................................13 PROPOSAL FOR A RECOMMENDATION (B6-0302/2008) .............................................16 OPINION OF THE COMMITTEE ON CULTURE AND EDUCATION .............................18 RESULT OF FINAL VOTE IN COMMITTEE ....................................................................21 PE416.306v03-00 2/21 RR\416306EN.doc EN PROPOSAL FOR A EUROPEAN PARLIAMENT RECOMMENDATION TO THE COUNCIL on strengthening security and fundamental freedoms on the Internet (2008/2160(INI)) The European Parliament, – having regard to the proposal for a recommendation to the Council by Stavros Lambrinidis on behalf of the PSE Group on strengthening security and fundamental freedoms on the Internet (B6-0302/2008), – having regard to the International Covenant on Civil and Political Rights, the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) and the Charter of Fundamental Rights of the European Union,1 and in particular the provisions thereof relating to the protection of personal data, freedom of expression, respect for private and family life, as well as the right to liberty and security, – having regard to Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data,2 to Council Framework Decision 2008/977/JHA of 27 November 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters,3 to Directive 2003/98/EC of the European Parliament and of the Council of 17 November 2003 on the re-use of public sector information,4 to the Commission's proposal of 13 November 2007 for a Directive of the European Parliament and of the Council amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks, Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector and Regulation (EC) No 2006/2004 on consumer protection cooperation (COM(2007)0698), to Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks5 and the Advocate General’s Opinion of 14 October 2008 in Case C-301/06 Ireland v Parliament and Council, – having regard to Council Framework Decision 2005/222/JHA of 24 February 2005 on attacks against information systems,6 to Council Framework Decision 2001/413/JHA of 28 May 2001 on combating fraud and counterfeiting of non-cash means of payment,7 to Council Framework Decision 2008/919/JHA of 28 November 2008 amending Framework 1 OJ C 364, 18.12.2000, p. 1. 2 OJ L 281, 23.11.1995, p. 31. 3 OJ L 350, 30.12.2008, p. 60. 4 OJ L 345, 31.12.2003, p. 90. 5 OJ 2006 L 105, p. 54. 6 OJ L 69, 16.3.2005, p. 67. 7 OJ L 149, 2.6.2001, p. 1. RR\416306EN.doc 3/21 PE416.306v03-00 EN Decision 2002/475/JHA on combating terrorism,1 to the Commission's Communication of 22 May 2007 entitled ‘Towards a general policy and the fight against cyber crime’ (COM(2007)0267), as well as to the recent initiatives for the detection of serious crime and terrorism (such as the ‘Check the Web’ project), having regard to the work undertaken within the framework of the Council of Europe, the Organisation for Economic Co-operation and Development (OECD) and the United Nations (UN), both as concerns the combating of crime and cybercrime and as concerns the protection of fundamental rights and freedoms, including on the Internet,2 having regard to the most recent judgments of the European courts and national constitutional courts in this field, and in particular the Judgment of the German Federal Constitutional Court recognising a distinct right to the protection of confidentiality and the integrity of information technology systems,3 having regard to Rule 114(3) and Rule 94 of its Rules of Procedure, having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinion of the Committee on Culture and Education (A6-0103/2009), A. whereas the evolution of the Internet proves that it is becoming an indispensable tool for promoting democratic initiatives, a new arena for political debate (for instance e- campaigning and e-voting), a key instrument at world level for exercising freedom of expression (for instance blogging) and for developing business activities, and a mechanism for promoting digital literacy and the dissemination of knowledge (e- learning); whereas the Internet has also brought with it an increasing number of opportunities for people of all ages to communicate with people from different parts of the world, for example, and has thereby expanded the scope for people to familiarise themselves with other cultures and thus enhance their understanding of other people and cultures; whereas the Internet has also extended the diversity of news sources for individuals as they are now able to tap into the flow of news from different parts of the world, B. whereas governments and public interest organisations and institutions should provide a suitable regulatory framework and appropriate technical means to allow citizens actively and efficiently to take part in administrative processes through e-government applications, C. whereas the Internet gives full meaning to the definition of freedom of expression enshrined in Article 11 of the Charter of Fundamental Rights of the European Union, especially in terms of its 'regardless of frontiers' dimension, D. whereas transparency, respect for privacy and an environment of trust amongst I- stakeholders should be considered indispensable elements in order to build a sustainable security vision for the Internet, 1 OJ L 330, 9.12.2008, p. 21. 2 Ex.: Council of Europe Convention on Cybercrime of 23 November 2001; Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data of 28 January 1981. 3 BVerfG, 1 BvR 370/07, 27.2.2008, Absatz-Nr. (1 - 333). PE416.306v03-00 4/21 RR\416306EN.doc EN E. whereas on the Internet, freedom of expression and privacy can at the same time be both better enhanced and more exposed to intrusions and limitations by both private and public actors, F. whereas, through the freedom that it provides, the Internet has also been used as a platform for violent messages such as the ones intentionally inciting terrorist attacks, as well as for websites which can specifically incite hate-based criminal acts, and whereas cybercrime threats more broadly have increased worldwide and are endangering individuals (including children) and networks, G. whereas these crimes must be countered effectively and decisively, without altering the fundamental free and open nature of the Internet, H. whereas, in a democratic society, it is the citizens who are entitled to observe and to judge daily the actions and beliefs of their governments and of private companies that provide them with services; whereas technologically advanced surveillance techniques, sometimes coupled with the absence of adequate legal guarantees regarding the limits of their application, increasingly threaten this principle, I. whereas individuals have the right to express themselves freely on the Internet (for instance user-generated content, blogs and social networking) and whereas Internet search engines and service providers have made it considerably easier for people to obtain information about, for example, other individuals; whereas, however, there are situations in which individuals wish to delete information held in such databases; whereas, therefore, companies must be able to ensure that individuals can have person-related data deleted from databases; J. whereas technological leaps increasingly allow for the secret surveillance, virtually undetectable to the individual, of citizens’ activities on the Internet; whereas the mere existence of surveillance technologies shall not automatically justify their uses, but whereas the overriding interest of protecting citizens’ fundamental rights should determine the limits and precise circumstances under which such technologies may be used by public authorities or companies; whereas combating Internet crime and the threats to an open democratic society which certain persons and organisations constitute when they use the Internet to damage citizens' rights must not mean that Member States assume the right to intercept and monitor all data traffic on the Internet which occurs on their territory, whether that applies to their own citizens or data traffic from abroad; whereas the combating of crime must be proportionate to the nature of the crime; K. whereas identity theft and fraud are an increasing problem

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