[P2P-F] Fwd: [opennetcoalition] Encryption and privacy: La Quadrature du Net Welcomes the Opinion of the European Data Protection Supervisor

[Michel Bauwens]

---------- Forwarded message ----------
From: La Quadrature du Net <contact at laquadrature.net>
Date: Mon, Aug 8, 2016 at 10:00 PM
Subject: [opennetcoalition] Encryption and privacy: La Quadrature du Net
Welcomes the Opinion of the European Data Protection Supervisor
To: opennetcoalition at laquadrature.net



Press Release

*Tags : ENCRYPTION, PRIVACY, DATAPROTECTION, ePRIVACY, GIOVANNI BUTTARELLI*

La Quadrature du Net — For immediate release

Permanent link: https://www.laquadrature.net/en/encryption-EDPS
Encryption and privacy: La Quadrature du Net Welcomes the Opinion of the
European Data Protection Supervisor

Paris, 8 August 2016 — *In its opinion
<https://secure.edps.europa.eu/EDPSWEB/webdav/site/mySite/shared/Documents/Consultation/Opinions/2016/16-07-22_Opinion_ePrivacy_EN.pdf>
on the draft revision to the ePrivacy directive, published on 25 July 2016,
the EDPS (European Data Protection Supervisor) took a stand for stronger
regulation in favour of privacy. La Quadrature du Net approves the main
propositions of this opinion and encourages European legislators to follow
them.*

While the European Supervisor's opinion is only advisory, the European
Commission must submit to it all legal proposals that could have an impact
on data protection. The 25 July opinion is a preliminary version of the
EDPS's position on the revision of the “Privacy” directive (2002/58/EC) in
which the Supervisor recommends a position which stands in stark contrast
with the current zeitgeist in favour of mass surveillance and bypassing the
tools used by European citizens to protect their privacyOn this issue, you
may read La Quadrature's answer
<https://www.laquadrature.net/en/eprivacy-consultation-reponse-lqdn> to the
consultation organised by the European Commission, where we scope out what
is at stake in this directive.. In this light, it is interesting to analyse
and make it accessible to the greater public so it can be publicised and
taken into consideration by the European Commission.

Using the article 7 of the Charter of Fundamental Rights of the European
Union, the EDPS suggests a set of rules to enhance and extend the
protection of privacy beyond the processing of personal data, as defined in
the previous ePrivacy directive, which deals with electronic
communications, or in the recent regulation on data protection.

   - Taking into account the fact that many modern communication tools are,
   in the eyes of user, nothing but means to engage in private conversations,
   the EDPS recommends a regulation that includes all these tools, without
   distinction based on a technology or another. All communication — be it
   based on an online game's messaging system, a chat application, text
   messages or VoIP – must, for the Supervisor, have the same level of
   protection, even if the messages are exchanged by machines without their
   users' knowledge (which is the case with the IoT, Internet of Things, for
   instance). And this, no matter what kind of network is used, as soon as it
   is accessible to the public.
   - Considering, furthermore, the undeniable fact that "metadata" is often
   at least as revealing of one's privacy than the actual content exchanged,
   the EDPS suggests that the future text gives them the same level of
   protection.

For the EDPS, the future directive must therefore forbid any interception
and any mass surveillance, both of data and of metadata (or traffic data),
extended to all tools making possible exchanges of private nature, and up
to terminals enabling access to these services, which must be protected
against intrusions that allow interception.

   - Regarding the protection of data, the Supervisor also wishes to give
   users better control over the various tracking tools (cookies,
   localisation, etc.), to the extent of allowing access to a site even if a
   user explicitly refuses the site uses their data for anything else than
   local and non-intrusive processing, or otherwise at least imposes this rule
   for certain services (those in a dominant position, financed by public
   funds, …). For the EDPS, users must also be able to withdraw prior consent,
   including via a general setting in their Web browser, by installing a tool
   disabling tracking for instance.
   - Lastly and in line with the G29 (the European data protection
   authorities), the EDPS recommends that the new directive explicitly
   authorises the use of end to end encryption for better protection of
   electronic communications, and forbids operations of surveillance or
   decryption of communications protected in this way. For the Supervisor, any
   intermediaries should be forbidden from aiding or authorising *backdoors*
   allowing for third parties to intercept encrypted communications.

Finally, the EDPS advises to entrust control of these new rules to the
different national data protection agencies of each Member State and that
the revision of the ePrivacy directive be done in the form of a Regulation,
which would allow for a quicker application in the Member States with a
level of protection better harmonised at the European level.

*La Quadrature du Net welcomes the positive positions of the European Data
Protection Supervisor and invites Member States, the European Commission,
the European Parliament and the national data protection authorities to
take this opinion into account: it protects users' privacy and demands
security for electronic communication, aligning with the positions
fundamental rights defense groups have been defending.*
About La Quadrature du Net

La Quadrature du Net is an advocacy group that defends the rights and
freedoms of citizens on the Internet. More specifically, it advocates for
the adaptation of French and European legislations to respect the founding
principles of the Internet, most notably the free circulation of knowledge.

>In addition to its advocacy work, the group also aims to foster a better
understanding of legislative processes among citizens. Through specific and
pertinent information and tools, La Quadrature du Net hopes to encourage
citizens' participation in the public debate on rights and freedoms in the
digital age.

La Quadrature du Net is supported by French, European and international
NGOs including the Electronic Frontier Foundation, the Open Society
Institute and Privacy International.

List of supporting organisations: https://www.laquadrature.net/
en/they-support-la-quadrature-du-net
Press contact and press room

contact at laquadrature.net – +33 (0)972 294 426

https://www.laquadrature.net/en/press-room
*To unsubscribe, click here
<http://www.laquadrature.net/civicrm/mailing/optout?reset=1&jid=254&qid=101132&h=cec470bed1c7943f>*



*La Quadrature du Net60, rue des OrteauxParis, 75020*

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