Legal Commentary

Europeans Weigh US Demand For Private Information

By TChris

It figures that accountability would be a hang-up in the Bush administration's attempt to convince European leaders that their citizens' privacy interests are outweighed by the American government's desire to know everything about everyone everywhere.

The United States and the European Union are nearing completion of an agreement allowing law enforcement and security agencies to obtain private information — like credit card transactions, travel histories and Internet browsing habits — about people on the other side of the Atlantic Ocean.

A predictable stumbling point:

whether European citizens should be able to sue the United States government over its handling of their personal data, the report said.

Lawsuits? Accountability? Not a chance. [more ...]

Critics of the law are concerned about its ambiguous language (the kind of language negotiators can agree upon because it doesn't mean anything).

For example, the two sides have agreed that information that reveals race, religion, political opinion, health or “sexual life” may not be used by a government “unless domestic law provides appropriate safeguards.” But the accord does not spell out what would be considered an appropriate safeguard, suggesting that each government may decide for itself whether it is complying with the rule.

“I am very worried that once this will be adopted, it will serve as a pretext to freely share our personal data with anyone, so I want it to be very clear about exactly what it means and how it will work,” said Sophia in ’t Veld, a member of the European Parliament from the Netherlands who has been an outspoken advocate of privacy rights.

The administration can't authorize a lawsuit against the United States without asking Congress to pass a law.

The administration is trying to achieve an agreement that would not require Congressional action, [Stewart] Baker [from Homeland Security] said.

The administration would like to convince the Europeans that some sort of administrative review process can be provided to resolve claims fairly. As if. Don't fall for it, Europe!

Full post as published by TalkLeft on June 28, 2008 (boomark / email).