|On the 5 November, 2009, at 00:30 in the morning the European Parliament (EP) and the Council reached a final agreement on Amendment 138 of the new European Telecom bill.
According to EDRI sources in Brussels, the adopted text on the Amendment 138 topic becomes point 3a of article 1 and reads as follows:
“Article 1. 3a. Measures taken by Member States regarding end-users’ access 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-users’ access to or use of service 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 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 of persons concerned, subject to the need for appropriate conditions and procedural arrangements in duly substantiated cases of urgency in conformity with European Convention for the Protection of Human Rights and Fundamental Freedoms. The right to an effective and timely judicial review shall be guaranteed.”
By coincidence, this happens to be in full accordance with the principles of Privacy First.
(For the larger part written by Charles van der Hoog, Privacy First, November 2009.)