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Home arrow newsitems arrow UN Rapporteur on Privacy, Cannataci to EF on Issues for 2016 UN General Assembly+Heads of State/Gov.

UN Rapporteur on Privacy, Cannataci to EF on Issues for 2016 UN General Assembly+Heads of State/Gov.

Written by ACM
Friday, 09 September 2016
new_uno_rapporteur_on_right_to_privacy_professor_joe_cannataci__agg__eurofora_400


*Strasbourg/CoE/Angelo Marcopolo/- 3 Years After Snowden's revelations on Mass Surveillance at the Internet, SmartPhones, etc, UNO's new Special Rapporteur on the Right to Privacy, Professor Joe Cannataci, speaking to "Eurofora", highlighted the main Issues that he intends to raise at New York's Autumn 2016 General Assembly's session of the International Organisation, where use to participate most Heads of State/Government from all over the World :


"Eurofora" asked Cannataci about "the main Substance of this Years' Issues that (his) forthcoming Report will raise at the Autumn 2016 UN General Assembly", (i.e. shortly before the December 2016 IGF in Mexico).

 -"My (2016) Report will mostly deal with 2 main Points :", he Started to Reply from the outset.  

- "The First will deal with a Set of 5 Priorities of joint Actions to identify".


 - These "Include Security and Surveillance, of course. But it also includes Medical Data". Even "Big Data, Open Data", and "Personal Data by Cooperations, as well as "the subject of Privacy and a Better Understanding of it".

- This Last Issue is included"Specifically Because, although More than 163 Countries have Signed up to the Right of Privacy, we doN't have a Definition of that Right !", he criticized.


- "It's a Huge Challenge...  Since there is No Definition", then, "we have a Situation where <<Privacy>> is Meaning Different things, to Different People, and, yet, we have 1 Internet !"...


=>  Therefore, "we have a Number of Situations, where, clearly, you can come in front of Poor Values about Privacy, with Some Different Understandings about what it means", he denounced.

------------------

+ "The Second Point of the (2016 UNO) Report has to do with Surveillance, and some (Recent) Developments which have taken place with Surveillance, Encryption, and so on", he added.


- "And I leave you to Think about what Direction the Report will take when it comes f.ex.  to SmartPhones...", he joked, with a keen sense of Black Humour on such a notoriously Thorny Issue, particularly after so Many recent Scandals revealed, at a quite Fast pace, one after another.


In this regard, UNO's Rapporteur told "Eurofora" that he was Aware, f.ex., from World Famous Whistle-Blower Eduard Snowden's current effort, in Partnership with an MIT Student Expert, to prepare a Phone that might Not be Spied, resilient to attempts for Geo-Localisation and other Privacy-affecting threats.

However, "even if you succeed to inspire some Good Legal Rules for protecting Privacy, nevertheless, it will still remain an Open Question on How to Apply that in Real Practice", particularly since it seems to be a Quasi-Monopoly" on SmartPhones globally, "Eurofora" reacted.       

                                                                                                                                                                                                                                                                                                                                                                                                 But, "Technically speaking, it looks very Difficult", Perhaps, "there might be some Suggestions", on how to overcome that Problem in real Practice ?, we asked.


- "That's Difficult, but Not Impossible". Already, "there are Some SmartPhones which are More Secure than Others", UNO's New Rapporteur on Privacy pointed out, in a quite Optimist Reply to "Eurofora"s  query.


-"Switch this Off, and I'll Show you !", he kindly offered us...

(NDLR : => The Rest of this Story is - Exceptionaly - Stricty Confidential. Or, to put it otherwise :  It belongs to a "Private/Personal Data" Issue. Sorry !)...


------------------------------------

 + Concerning General Principles at stake here, UNO's Experienced Rapporteur told "Eurofora" that he finds much Better to speak about "Proportionality, No Balance", between various Values.s


 - Because "Balance is when one is against another", so that "one takes (something) from the other". "While", on the Contrary, "Here, you have a number of things, which Need to Live Together", as he stressed.


 - And these are "more than two : Security, Privacy, Freedom of Expression", etc., he pointed out, in reaction to an "Eurofora" query.

-----

 unos_privacy_rapporteur_at_coeosce_conference_in_strasbourg__agg__eurofora_400
 
 Joe Cannataci had already Explained that Important point Earlier Today, during his Keynote Speech to a landmark PanEUropean Conference on "Freedom at the Internet" and "Democratic security", co-Organized Together by the Estonian Presidency of the CoE, and the German Presidency of the OSCE :
 
osce__coe_germany__estonia_conference_400_01


- "These are Principles that do Not Need to be <<ReConciled>> (as some use to claim), but Can Live Hapily Together !", he underlined.


This is an Important Point, because "some Governments, instead of SafeGuarding both Security and Privacy, on the Contrary, they use New Laws to Legitimize Mechanisms to Intrude in People's Lives", as he Denounced, strongly Criticizing  "some Measures used to Gather Informations at the Internet, which are Completely DisProportionate".

Professor Cannataci, who was chosen as UNO's new Rapporteur just last Year (2015), works in 3 Universities from Europe up to Australia, (including at the Netherlands, Perth, and Malta : the Next EU Chair from Jan. 2017), is a UK Chartered Information Technology Professional & Fellow of the British Computer Society, as well as an “Officier de l’ordre des palmes Académiques” in France, who has written a lot of relevant Books and sits at the Editorial Board of 6 peer-reviewed Journals, and has reportedly received more than "30 Millions" of Grants for Research from the British Academy, CoE, COST, UNESCO and the Commission of the EU, that his Country of origin will Chair Next Year (2017).


--------------------------------------------
+ China's Hu on UNESCO's input, before the forthcoming IGF of December 2016.
-----------------------------------------------

unescos_senior_officer_on_online_investigative_journalism_hu_from_china_speaking_at_coeosces_conference__agg__eurofora_400


Completing the point of view of International Organisations,  just a few Months before the Global "Internet Governance Forum" in Mexico, on December 2016, UNESCO's Senior Expert on Freedom of Expression and Media Development, Communication and Information, Ms. Xianhong Hu from China, who deals with "Online" and Offline Media, Internet Privacy and Governance, following the World Summit of Information Society (WSIS) and the IGF, underlined from the outset the "4 Principles", set "by 195 Member States", on "Internet's Universality" :


- I.e. on Human Rights' respect, Openess and Accessibility of Internet, as well as on Multiple StakeHolders' involvement before Decision-Making, as she resumed.

 

Meanwhile, according to other, well informed sources, UNESCO's Head, Irina Bokova, is expected to be a Keynote Speaker at CoE's forthcoming "World Forum of Democracy" (WFD), on November 2016 in Strasbourg, which is due to Focus, this Year, mainly on Topical Education challenges. 


+ Currently, while currently preparing Projects into steping the Web Further, UNESCO aims to "Ensure that our Principles will Not be Watered Down", (considering also the Fact that "New Technologies are Often used to Strengthen one party"), and that "New Relations Emerging between various Internet Actors", will Move Forward in a Responsible way, particularly into "Ensuring that Users woN't be Squeezed Out of the Web".


In this regard, Xianhong Hu, in addition to Managing UNESCO's Program on promoting Online Freedom of expression Privacy, as well as Internet Safety, in the dynamic context of Global Web Governance and increasing Challenges, after receiving a Ph.D from Beijing University's School of Journalism and Communication, has also conducted 2  UNESCO Publications on Facilitating "Investigative Journalism".

 

(../..)


***


("DraftNews", as already send to "Eurofora" Subscribers/Donors, earlier. A more accurate, full Final Version, might be published asap).


***


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 sarko_merkel_mieux

The official presentation of a "Program" respecting People's choices voted in the June 7, 2009 EU Elections, to be debated in EU Council and EU Parliament during its 1st Session on July in Strasbourg, is the No 1 Priority, according to Democratic principles, for the Franco-German axis, said the main winners at the ballot box, French President Nicolas Sarkozy and German Chancellor Angie Merkel.

They stressed  that the New EU Commission's President must have a "Program" in favor of an EU which "protects" its Citizens, regulates financial markets and aims at a "Political" Europe" : a wording they have used as incompatible with Turkey's controversial EU bid.

They also declared ready for a "political" endorsment of "Mr. Barroso's candidacy" in June's EU Council, considering that an official decision would have to be made after EU Parliament's debates and votes, possibly from next month (July), with the legally necessary final acceptance shortly after Lisbon Treaty's entry into force, hoped for September or October.


- "A Program, and Mr. Barroso" : This resumes, in substance, the anouncements made by Sarkozy and Merkel, on the question of current EU Commission's President, Barroso's declared wish to succeed to himself for a second mandate, to be extended during the following 5 years.

 In their 1st meeting after EU Elections, they observed that "the Franco-German axis counted in European Elections' campaign... But, we both keep a realistic view : We saw the number of those who abstained, and we must absolutely give them an answer. We also see the disilusionment of an important number of Europeans vis a vis Europe, and we are aware of the responsibilities we have".

sarko

 - The "Duty" of the new EU Commission's President, after June 7, 2009 EU Elections' result, "is to act for a Europe which protects the Europeans, to commit himself into working for a better Regulation of Financial transactions, ... and to have a Political will for Europe", underlined Sarkozy.

Therefore, "we have asked M. Barroso... to clarify, to officialy present the intentions he has", he anounced.

- "We want to speak also about the Programme", explained Merkel.

- "It's important that for the next EU Parliament's mandate (2009-2014) we take the right Decisions for Europe.  Obviously on Persons, but mainly Decisions on Issues", she stressed.

- "It's not simply a question of a Person, it's also a question of a Programme". We are "really asking Mr. Barroso to commit himself on a Program, and on Principles, on Values", Sarkozy added.

EU President-in-office, Czech Prime Minister Jan Fischer, accepted the Franco-German stance :

- "Barroso must present his Programme. The Czech Presidency agrees with that", Fischer reportedly said later, after meeting Sarkozy.

But Press reports from Brussels claimed that Barroso had preferred to be officially appointed by EU Council since June, (i.e. next week), "because this was implied by the current Treaty of Nice, according to him", and considered any delay until the possible ratification of the new, Lisbon Treaty on September/October, as "undemocratic".

- "At any case, independently of what Germany and France ask, it's also EU Parliament's wish". "We shall propose Mr Barroso's candidacy... But even in the framework of Nice Treaty, EU Parliament has to be associated in this Decision", the French President observed.

If this is correctly done, then "we support Mr. Barroso's candidature", and "if the (EU) Parliament agrees, we might ratify this decision since July", (i.e. next month), they both said.

smerkem_400

- "France and Germany support Baroso's candidacy, But we want to speak also on the Program. We believe that this Program should be established in close cooperation with EU Parliament, and that's why we have followed an appropriate way", said Merkel.  - If EU Parliament wants, this election can take place on July,  but this must be done in full agreement.

- "We shall support Mr. Barroso's candidacy, without doubt", said Sarkozy. "But we have asked from Mr. Barroso, as I told him yesterday, to put into detail.. his intentions, at the eve of his 2nd mandate, if the situation avails itself.


    France and Germany "don't want to take an Official Legal Decision by writting" during "the next (EU) Council" (on June 18-19), declared Sarkozy.  Because they prefer, at this stage, only "a Political decision" on June, "so that we (EU Council) can work together with EU Parliament", which starts to meet only Next Month, since July in Srasbourg, "leaving a Legal decision by writting for later".

    - "If the Conditions are fuillfiled in EU Parliament, we (EU Council) are ready to give the agreement and make it offficial", said Merkel

    - "But, now we are working in the base of Nice Treaty. If tommorow we want to work in the spirit of Lisbon Treaty, we have to find a proper way", she added.

    - "Of course it's Legally complicated, because we are going to make a Political proposal to the forthcoming Council, for an EU Commission's President, on the basis of Nice Treaty : So, we (EU Council) will not appoint the Commissioners. Only the President.  If EU Parliament agrees, it could endorse this position on July", explained Sarkozy.

    But, on Autumn, "if Ireland ratifies Lisbon Treaty, there will be, at any case, a 2nd Decision, to appoint the Commission's President, this time on the basis of Lisbon treaty, and then, we, the EU Member States, would have to appoint (also) the EU Commissioners", he added.

    As for the precise Timing :  - "Everything is suspended until the Irish vote... Now, we must all make everything possible to help Ireland to say "Yes"" to Lisbon Treaty... The Irish Referendum, ..will take place either on September or on October. It's a Question which depends on the Irish. And,  then, we shall have the Choice of the Candidates for the permanent Institutions of Europe".

    However, "if Ireland says No, we, French and Germans, have to assume our responsibilities, and we'll do so", he concluded.

    But British and Swedish governments were reportedly eager to have a final EU Council decision on Barroso since this month, on June's European Council. While the other EU Member Countries are divided, several of them preferring to wait until EU Parliament pronounces itself, on July, and/or until Lisbon Treaty might be ratified by Ireland at the beginning of the Autumn. Barroso's current mandate ends on November.

    There are also various, contradictory and/or unpredictable reactions inside EU Parliament vis a vis Barroso's wish to continue a 2nd mandate, because many MEPs are openly or secretly opposed, reluctant, or hesitating.

    In the biggest EU Countries, as France and Germany, EU Citizens voted on June 2009 EU Elections for a renovated, non-technocratic but Political Europe which cares for its Citizens, with an Identity, Values and Borders, declared incompatible with Turkey's controversial EU bid, by mainstream, pro-European Governing Parties. Similar choices were also supported in several other small or medium EU Countries.

    On the contrary, whenever, in other Countries, Governing and other mainstream Parties didn't make these choices or eluded them, EU Citizens massively voted for euro-Sceptics whenever they were the only ones to to promise anti-bureacratic change and oppose Turkey's demand to enter into the EU, (f.ex. in the UK, Netherlands, etc).

    It's seems to be an Open Question whether Sarkozy and Merkel's conditions will be really accepted by Barroso, who was appointed on 2004 in a different political context, (with Socialist Prime Ministers in Germany, France, etc), had rejected in the Past the idea of EU becoming "equal to the USA" as "ridiculous", and pushed for Turkey's contoversial EU bid, trying to "soften" or contain the changes desired by the People who voted for Merkel and Sarkozy with another policy vis a vis Turkey on 2005 in Germany and on 2007 in France, as they did all over Europe on 2009.

    In addition to many EPP Governments, it's 3 remaining Socialist Prime Ministers : Gordon Brown in the UK, Zapatero in Spain, and Socrates in Prortugal, who support Barroso, as well as Liberal Swedish Prime Minister Reinfeldt. But their Parties lost the June 2009 EU Elections.

    Questioned whether there was still "Time" for "other" possible "Candidates", Sarkozy and Merkel did not deny, nor made any comment on that, but simply said that "it's not for us to make publicity for any candidates. We anounced our choice ("A Program, and Mr. Barroso"). But we respect any other candidate".

    Among various other names cited are former Belgian Prime Minister Verhofstadt, former UNO's Human Rights Commissioner Mary Robinson of Ireland, Italian former EU Commission's vice-President Monti, etc. Meanwhile, Luxembourg's PM Juncker, (who had been unanimously accepted by EU Council for EU Commission's Presidency on 2004, but refused), announced his intention to resign from "EuroGroup"'s Chair. Thus, he might be available for another Top EU job.

    As "EuroFora"'s "opinion" said (See publication dated 9/6/09) : - "If the current candidates (i.e. Barroso, etc) to the Top EU jobs promise and guarantee to respect People's democratic choices, then, it's OK".

"Otherwise, Europe must find new candidates, really motivated and able to implement these democratic choices of the People."

    Because, "in Democracy, the forthcoming choices for EU's Top Jobs,...should be made according to EU Citizens' Votes in June 7, 2009 European Elections, and main EU Governments' strategic policies".
        

***

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