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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.

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+ "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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ECHR's President to "EuroFora" on Journalists Gongadze and Adali murders : Principles must apply to all States, without discrimination.


+ ECHR's Statistics on Freedom of Expression (See below).


 European Court of Human Rights' President, Jean-Paul Costa, questioned by "EuroFora" on Journalists' murders, as in Gongadze and Adali's cases etc., strongly stressed all CoE Member States' obligation to make efficient Investigations to find and punish those responsible, and underlined that ECHR's case-law's principles must apply to all without any discrimination.

His call was clearly supported by various Top MEPs who denounced a risk of "Double Standards" if some Journalists' murders are investigated, while others don't.

To avoid such risks, CoE's Parliamentary Assembly adopted a Resolution, on the occasion of Ukranian Journalist Gongadze's murder, "stressing", as a matter of general Principle, "the importance it attaches to the safety of Journalists and political activists, especially those linked to opposition groups, in ALL member states of the CoE". All "crimes against journalists and political activists must be investigated ... as a matter of priority, without political interference".

Costa was replying to "EuroFora"s question on the fact that, after CoE's Committee of Ministers, also CoE's Assembly had just adopted a Resolution on Gongadze murder case, based on an ECHR's judgement of 2005, asking a full Investigation from Ukraine, who has found and condemned  in 10 years of jail 2 executants, but not yet the instigators.

While nothing similar was yet done for dissident Turkish Cypriot Kutlu Adali's murder, with 5 bullets shot at his head out of his Family's home in the territories of Cyprus occupied by Ankara's army, despite another ECHR's judgement of the same year 2005, and despite Turkey's claim that nobody was found among those responsible for the murder, and that there was nothing more to do..

In order to be credible and efficient, CoE's mechanisms shouldn't find a way to at least ask for full investigations of all Journalists' murders anywhere they might be committed, without exceptions ?

adali_gongadze


- "On the larger question that you raised, I'd like to say, since we are in a period of stock-taking on ECHR's 50 Years, that the Court's case-law developed certain concepts ....such as the Positive obligations of States, part of which are also the procedural obligations", started to reply ECHR's President.

 - "Whenever Journalists, Lawyers, Defenders of Human Rights, or even simple Citizens are murdered, the States are held responsible, not only if its their own security forces' agents who committed these murders, but also if they didn't make sufficiently substantial and efficient Investigations", he stressed.

- "I want to strongly underline that we (ECHR) have found in many cases numerous violations of Articles 2 and 3 against States, ....(about) murders or torture, ...because they didn't make enough Investigations in order to try to find and punish those responsible".

- "We (ECHR) do that vis-a-vis all 47 (CoE) Member States, without any discrimination".

"Naturally, the circumstances in each particular case may be differend, and we can't ommit to apply the rules of proof, or the rules of criminal procedure".

"But we try, by all means, to apply these principles of our case-law, to all States", he concluded.

imag0335_400


      Costa's call was strongly supported by several Top CoE MEPs, from various Political areas


- "To investigate the murder of one Journalist, and not of another, looks like Double Standards", denounced the President of EuroLeft Group in CoE's Assembly, Dutch MEP Tiny Cox.  

- "What is the reason ? Politics or specificity of a case ? Of course, if Cyprus and Turkey are involved, it's always a Political case"..

- "Murders of Journalists should always be fully investigated, because killing Journalists is not only killing persons, but also killing Free Press".  "We (CoE's Assembly) should do our outmost to help People who are working on Free Press and they are under threat or murdered".

Because for Free Politics, Free Press is a pre-requisitive : Parliamentarians  cannot  function without a Free Press. Not investigating, is not protecting ourselves".

So we should investigate all Journalists' murders : We are talking about Gongadze, about the Cypriot man (Adali), about the Journalist murdered in Moscow one week ago, etc", Cox concluded

- "CoE can' look at these cases differently. CoE can't wear Blinckers  !".
- "If the one is investigated, so has to be also the other. Why there wasn't full investigation ? Why's that ?", wondered British  Socialist MEP, Alan Meale.

- "A good idea" would be to "make a Motion for Resolution", and "join all Journalists' murders. Adali and Gongadze etc", said to "EuroFora" EU Parliament Political affairs Committee's President, Goran Lindbland, ChristianDemocrat MEP from Sweden.


(See also earlier News at "EuroFora" on similar issues).
-------------------------------

ECHR's Statistics on Freedom of Expression :


    Almost Half of condemnations by ECHR for violations of Freedom of Expression in 2008, concern Turkey : 20 out of a total of 48 for all CoE's Member States.

    Russia, Poland, France and Moldova were condemned only 3 times. Romania, Greece, Portugal, 2 times, and the other CoE Member States only 1 time, or none.
--------------------
    During the last Decade : 1998 - 2008, Turkey was condemned for violating Freedom of Expression in ..169 cases, while Austria only in 24.

    France and Moldova in 14 and 13, respectively, closely followed by Russia and Poland with 11 and 10, respectively. The rest of CoE Member States had less than ten condemnations.    
    

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