Local view for "http://purl.org/linkedpolitics/eu/plenary/2008-09-23-Speech-2-017"
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"en.20080923.4.2-017"2
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"Mr President, I would like to thank the President-in-Office and the Vice-President of the Commission, as well as the rapporteurs for what I consider to be very important reports.
When we discuss issues with regard to terrorism and data protection – sometimes when you look at the substance of the debate within Parliament – there appears to be a conflict taking place between those who want to give more protection to individual rights and freedoms and more protection to the general populace from the risk and threat of violence or even incitement to violence, as some of my colleagues have already mentioned. To that extent, when we move forward with regard to these proposals, we should be certain that the legislation which we are proposing, which we are amending within this Parliament, has a definitive legal basis, so that when it comes into operation it is above challenge and above rebuke. One of the difficulties we face is that, because of the framework decision, because of the legal basis – or the lack of a legal basis – with regard to certain aspects of that framework decision, we could be leaving ourselves open to being accused of being hypocritical, merely appearing to act without actually taking any decisive action.
If you look back over the history of the cooperation in judicial matters and police matters that we have instigated here within this Parliament, 90% of it has been predicated on the basis of mutual trust between the different authorities at Member State level. That has been the only effective way of finding a mechanism to move forward, because, even though you may put in agreements or decisions, unless the authorities in each Member State are willing to work with each other and exchange that information, then there can be no real meaningful cooperation or movement forward.
We have to be very careful with regard to the issue of data protection and the personal data which is collected, because many of us know that, in our own Member States, there are countless agencies, both of a national and a local level, that retain data on every single person. The biggest scare there is at the moment in the United Kingdom has been this issue of identity theft, and big concerns because computers are lost that contain information from state agencies – whether it is social welfare, defence or police agencies – personal data, information that you would never individually give out to anybody. Yet there appears to be no protection for that data.
That is why we have to be careful at this level – at European level – that we are creating a European framework decision that will allow cooperation between Member States, but which does not impose these controls on national Member States. The reason I say that is because there are greater protections available to individuals to challenge national authorities when they misuse, abuse or lose their data than would be available in this framework decision, and in many ways, if we force this framework decision on protection of data to apply to national data as well, we will undermine the rights that already exist. Because we are moving forward with a new plan at a European level, there is some leeway for a slightly more fluid response to the difficulties we are facing with regard to the protection of the data. However, to be certain for this legislation to be effective, not only must it be clear and definitive with regard to the role that it wants to carry out, but it must also have the trust of the people that it will protect them and not abuse them."@en1
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