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Law & Policy

Terrorism must not mean privacy breaches, says EU data guru

Not a law unto itself...

Tags: hustinx, edps, terrorism, privacy

By Jo Best

Published: 20 September 2006 12:00 BST

The EU's data protection head has hit out at claims that privacy advocates are blocking governments' attempts to pass so-called anti-terror legislation.

The EU Data Protection Supervisor (EDPS) Peter Hustinx said effective legislation cannot exist without data protection controls. Including such measures in new laws can only improve them by introducing safeguards to make sure only the right individuals can access sensitive details, added Hustinx.

Hustinx said in a statement: "It is a misconception that protection of privacy and personal data holds back the fight against terrorism and organised crime."

According to the EDPS, data about European citizens will be used increasingly as governments seek to thwart terrorist activity. It has warned that institutions are not informing citizens about how and why their data is being processed and as a result they are unable to exercise their rights properly.

It is a misconception that protection of privacy and personal data holds back the fight against terrorism and organised crime.

The EDPS has regularly accused lawmakers of not taking data protection seriously enough.

In a recent interview with silicon.com, Hustinx said: "I believe that politicians, people - you, I, everyone else - have to be aware of the real threats. At the same time, that is not going to justify disproportionate solutions - it is going to hurt the texture of trust and confidence."

Hustinx has also voiced his doubts about the effectiveness of the European data retention directive, introduced in the wake of recent terrorist attacks. The directive mandates that communications providers must keep records relating to SMS messages, mobile and fixed line calls and online activity.

Now the data retention debate is to spread to the US. Attorney general Alberto Gonzales this week stepped up efforts to lobby for a similar directive to be passed across the pond, saying: "This is a national problem that requires federal legislation."

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