newsitems PanEuropean Commissioner for Data Protection, Walter to EF: Start by checking our own Organisations
PanEuropean Commissioner for Data Protection, Walter to EF: Start by checking our own Organisations
*Strasbourg/CoE/Angelo Marcopolo/- Speaking to "Eurofora" just after being Elected, earlier Today, as the New PanEuropean Commissioner for Data Protection, Jean-Philippe Walter, an Experienced former Long-Time President of CoE's Experts in that area, and the man who pushed all the way along the Recent "Modernisation" of its Pioneer, Historic Convention, in close "Coordination" with the EU, surprized by Announcing his Intention to : - "First, Examine what is going on, in this regard, Inside the CoE itself !", as he told us for Strasbourg's 47 Member Countries - strong Organisation, which Includes also Russia and various Other Countries.
Walter was Officially Elected Today by CoE's competent "Committee for the Protection of Individuals with regard to Automatic Processing of Personal Data", during its Weekly Plenary Session of 19-21 June 2018.
The Event was announced during an Exceptional International Conference on the current Perspectives for Wider Cooperation in the Field of Data Protection for the foreseable Future, Both between EU and COE, as well as at a more or less Global Level, (Comp. also : ..., etc).
"Eurofora" has Already met with, and Published Walter's various Replies to our Questions on Topical Issues, at several Earlier Occasions in the Past, (as, f.ex., at : ... + ..., etc).
After Graduating with a Master in Law from the University of Fribourg, in Switzerland, Jean-Philippe Walter succesfully presented a Doctoral Thesis on "the Protection of the (Human) Personality during the Processing of Data for Statistical reasons", and Worked as University Assistant, Legal Expert at the Swiss Federal Administration, Head of Data Protection at the Ministry of Justice, and Deputy Federal Commissioner on Data Protection and Information (from 1993 until Now : 2018), as well as vice-Chairman of the French-Speaking Association of Data Protection Authorities during a Decade (2007-12/2016), while also Regularly making Working Visits at the COE in Strasbourg for about 30 Years, where he Chaired its PanEuropean Committee of Experts on Data Protection, and, Twice, also CoE's Committee on its relevant, Pioneer Convention, (known as "108"), before Dealing, more Recently, with its Modernisation, in Coordination with the EU's relevant Directive on 2018, etc.
Thus, Walter's usual Scope is much Larger than CoE's 47 Member States, (including Russia, etc), since its above-mentioned Convention already has 52 Member Countries, and its New, recently Modernized Version is Aimed to Become progressively Global, (Comp., f.ex., at : ..., etc).
- While Stressing that, First of all, it was very "Important to have a Good European Coordination", between EU and the CoE, in order to Better "Integrate" EU's recent Directive with CoE's Pioneer and recently Modernized landmark Convention on Data Protection, as well as ECHR's "Historic" relevant "Case Law", Walter, also pointed Today at the "Strong Interest" that are showing, in this regard, Various Countries in the World, (Comp. also "Eurofora"s NewsReport : ...).
+ At the same time, Walter also spoke Now in Favor of "Transparency", including "vis a vis Civil Society", as well as in favor of the search of the Largest possible "Consensus", if not "Unanimity", at the end of the process.
- Walter told "Eurofora" that he Expects, for the New, "Modernized" Version of CoE's landmark, Historic Convention on Individuals' Data Protection, - for which he Succeeded to Efficiently Contribute Both for the closest possible Agreement with the EU, and to Find a Deal with Russia on a series of Key points (including on Security and Trans-Border Data Flows in relation with USA's role in recent practice, etc) - to probably get more than 28 or 30 Signatures from European Countries on Autumn 2018, before Reaching the Threshold of 37 Ratifications, in order to Enter into Force during the Next Few Years.
- In Fact, our (CoE's) Initial "Draft" Text, has Not Changed Very Much, and we Could have Arrived at a Conclusion much Earlier, but "Brussels' Agenda" from the EU "Influenced" CoE's course, as well as the Need to Broker an Agreement with Russia, etc. However, it was Worthwhile to strive for the Largest possible EU-CoE "Coordination" and Political "Consensus", he pointed out.
Simple People might probably Like to See CoE's new Commissioner on Data Protection to Dare immediately Check rather such things as our everyday ...SmartPhones, and/or "Twitter"'s recent Controversial Policies, etc., the Soonest possible, after he finishes asap. with his Idea to First "Check inside CoE", as he Told us, (Comp. Supra).
But, if he insists to really practice his "Transparency", prior "Consultation", close "Coordination", and/or the Largest "Consensus"-Seeking Methods (Comp. Supra), also throughout PanEuropean CoE's various Buildings, who have progressively Mushroomed around Strasbourg's European Quarter, then, they might have to ...Wait a bit :
However, Hopefully Not so much as his Team of Experts was obliged to give for that recent "Modernization" of COE's Historic "Convention 108", (now Changed into "Convention 108+"), for the reasons explained above (and that he Regretted) : More than 7 Years (2009-2018) !
That's probably one reason more for which Walter appeared, Today, speaking to "Eurofora", rather Glad to be called, No more "Mr. President" (of a CoE's Committee, as in the Past), but, from Now on, "Mr. Commissioner"...
It might make some things much more Easy.
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(NDLR : "DraftNews", as already send to "Eurofora"s Subscribers/Donors, Earlier. A more accurate, full Final Version, might be Published asap).
***
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They voted to "freeze" UK Government's draft to put People in jail for 42 Days on "anti-terrorist" suspicion without charge, or they abstained. Don't they look suspect ?
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CoE's debate on UK controversy stirs PanEuropean check of anti-terror suspects' imprisonment
Former Leftists of the Sixties would boil in hot water if they heard PACE's debate on the controversial 42 days detention without charge, currently drafted by the British Government :
A "Socialist" Government, a Socialist PACE Rapporteur and a Socialist Chair of PACE's Legal Committee, opposed a .. "Conservative" amendment (supported by .. Liberals, Democrats, etc), to freeze the measure, in order to protect Citizens' Freedom, by "waiting" until CoE's Venice Committee checks its conformity with Human Rights' principles.
"Left"'s support to Conservative-Lib.Dem's criticism, wasn't enough to obtain a majority, nor to make things as they were back in the good old days, when "Left" and "Right" had a clear meaning, as "liberty" and "restrictions"...
Conservatives and most Democrats were joined by the Left in voting for the "freeze", as well as Liberal Paul Rowen, while Socialist MEP Ivan Popescu, an experienced MEP from Ukraine (PACE Member since 1996-2008) abstained. But most Socialists, added to a few Liberals and EPP's Right, voted against.
Fortunately, someone inside PACE had the wise idea to shorten the Debate for less than 1 Hour, and put it on the Agenda only at the end of an exceptionally busy day, towards the end of the Evening, when most MEPs had already gone to taste wins and foods at various Receptions all around Strasbourg's "European" area : As a result, not even 42 MEPs weren't present..
Socialist Lord Tomlinson accused the leaders of the PanEuropean Assembly, in its highest body : the "Bureau", to "lack wisdom" by deciding to hold a Debate on an issue that neither the Socialist Chair of the Legal Committee, nor its Socialist "reluctant Rapporteur", did "not want to do", ...
Finally, everybody (critics and supporters alike) was happy to agree, in substance, that the controversial measure "may" gravely violate Human Rights, and therefore, PACE asked Legal Experts of Venice Commission to check UK Government''s plans.
But this might take more than .. 42 Days to do, since PACE's Rapporteur asked the Experts to enlarge their study in a PanEuropean comparison of all that is happening on "anti-terrorism" legislation in 47 CoE Member Countries, including Russia, Turkey and Azerbaidjan..
Bad lack : "The existing 28 days’ detention without charge in the UK is, in comparison with other CoE member countries, one of the most extreme : In Turkey, the period is 7,5 days, in France 6 days, in Russia 5 days, and in .. the U.S. and Canada just 2 and 1 days respectively", denounced Democrat MEP Ms WOLDSETH from Norway..
"Numerous respected human rights organisations, including Liberty and Human Rights Watch, have expressed serious concern" "The proposed legislation ...could easily lead to extensive abuses. ...Detention for 42 days means six weeks in which one is taken away from one’s family, friends, home and livelihood only to be let off without being charged. That will destroy lives and isolate communities", she added.
- "3 years ago, the UK Government sought to increase the period of pre-charge detention from 14 days to 90 days. Not long before that, it had been only 7 days. There was a vigorous debate ...and a ...compromise was reached of 28 days. We have to ask whether there are proper safeguards in place to extend the period to 42 days. I suggest that there are fatal flaws", reminded British Conservative Clappison.
- "What sort of society holds someone in detention for 42 days and does not have to tell the person who is in prison why they are there, or explain the suspicions that arose and led to their detention? What sort of society believes that that is the way to treat its citizens? That is an appalling injustice, ...A 42-day detention period will not make the UK safer. Instead, it will be the first step to giving in to terrorists; it is saying that we are prepared to sacrifice our democratic rights and the principles for which we have stood for centuries", criticized British Liberal Michael Hanckock
"Comments made ...by Norwegian delegates are unfortunate", replied British Socialist MEP Ms.Curtis-Thomas, accusing them to "besmirch the reputation of our police force, which is one of the Best in the World", as she said, believing that "there are significant safeguards ...to ensure that individuals are not subjected to unlawful detention"
PACE "has serious doubts whether ...the draft legislation are in conformity with the ...case-law of the European Court of Human Rights. A lack of ..safeguards may lead to arbitrariness, resulting in breaches of ... liberty and ...right to a fair trial". PACE "is particularly concerned that: ..the judge ..may not be in a position to examine whether there exist reasonable grounds for suspecting that the arrested person has committed an offence;"; that "... representation by a lawyer may be inappropriately restricted or delayed;" that "information on the grounds for suspicion of a person ...may be unduly withheld.. ;" that this "may give rise to arrests without the intention to charge;", and; in general, that "prolonged detention without proper information on the grounds for arrest may constitute inhuman treatment", says Klaus De Vries' Report, adopted with 29 votes against zero.
Records don't say if it took him 42 Days to draft his Report, but, at least, he knew why...