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The European Data Protection Supervisor (EDPS) has issued his opinion on the new draft text of the Directive on Privacy and Electronic Communications (ePrivacy Directive) as proposed by the European Commission.

One of the important changes supported by the EDPS with the new text is the creation of a mandatory security breach notification system. The system should require the Telecoms and ISPs to notify their customers when personal information has been lost. But Peter Hustinx wants to go further and asked for the system to apply not only to "providers of public electronic communication services in public networks but also to other actors, especially to providers of information society services which process

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Many documents with confidential data including benefit claims, passport photocopies and mortgage payments were found on 17 January 2008 lost on a roundabout near Exeter Airport in Devon, UK.

Mr Karl-Heinz Korzenietz, the finder of the documents, told BBC News: "I thought first of all it was rubbish. But when I looked at the papers I discovered they were highly sensitive. I was shocked and surprised that sensitive papers like this would just be lost like that." Mr Korzenietz has also said that this was the second time he found such kind of documents. On 6 November he found another set of similar documents that he handed over to the Royal Mail depot in Exeter which returned the documents to TNT

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Review of the Regulatory Framework for electronic communication networks and services (open until 27.10.2006)
http://europa.eu.int/information_society/activities/consultations/inde...

EU Evaluation Impact Assessment System Questionnaire (open until 30.11.2006)
http://ec.europa.eu/yourvoice/ipm/forms/dispatch?form=eias&lang=en

DG Competition Open Consultations
http://ec.europa.eu/comm/competition/general_info/consultation.html

Bloggers privacy expectations and attitudes Online survey done by Karen McCullagh - PhD researcher at CCSR, University of Manchester. The survey will be open until the end of November.
http://www.ccsr.ac.uk/pr

According to the European Federation of Journalists (EFJ), severe threats to freedom of expression and freedom of the press may occur if the European Parliament adopts Article 6 of the draft Rome II Treaty as modified by the EP Legal Affairs Committee on 21 June 2005. The rapporteur was Diana Wallis, ALDE UK MEP. The EP Plenary vote in the first reading is scheduled for 6 July 2005. After the final adoption in the co-decision procedure, Rome II will determine the law applicable to non-contractual obligations, thus regulating judicial co-operation in civil and commercial matters.

But the Rome II draft also regulates the law applicable in case of violations of privacy and rights relating to the personality (Article 6, which applies e.g. in defamation cases). This article provides for

The Dutch Attorney-General for the Supreme Court, Verkade, has once more righted internetprovider XS4ALL and author Karin Spaink in their decade long defence against legal attacks by Scientology. In his opinion for the Supreme Court Verkade argues "Although copyright resides under Article 1 of the First Protocol of ECHR and can therefore be regarded as a human right, this does not exempt copyright from being balanced against the right to freedom of information." In this specific case, in which Spaink quoted several critical paragraphs from a statement made in court by a former member of the organisation, freedom of speech clearly prevails above the claimed copyrights of Scientology.

The case started in September 1995, when XS4ALL servers were formally seized by a bailiff, assisted by a representative from Scientology,

On 29 July 2004 the French Constitutional Council decided that the proposed new data protection act is not unconstitutional, except for one provision (article 9.3), which has been suppressed from the law. The law is an adoption of the European privacy directive of 1995 (1995/46/EC), and was accepted by the French Senate on 15 July 2004.

The proposal to examine the law was submitted on 20 July by members of the French parliamentary opposition. They objected particularly against the powers granted in the new paragraph 9.4 to collecting societies and similar representatives of intellectual property rights to create files with telecommunication traffic data of supposed copyright infringers to 'mutualise the battle against the piracy of works'.

The Constitutional Council rejects this complaint explicitly, considering that existing safeguards established by other laws are sufficient, like

The French data protection authority CNIL has declared the new U.S. mail-service 'Did they read it?' illegal. Through this service, launched in May 2004 by Rampell Software, subscribers get a report about the exact time their e-mail was opened, for how long, on what kind of operating system and if the mail was forwarded to other people. To use this service, subscribers simply forward their mail to Rampell, after which a one-pixel gif is added that allows for this kind of tracking. Rampell carefully avoids explaining the technology, and just promises that e-mails are being kept confidential.

The CNIL finds the service unacceptable under the French privacy legislation of 1978. The recipients do not have a choice to accept or refuse sending this information to the sender and aren't even informed. Because the service provides detailed information on the reading behaviour, the data are considered sensitive, and the collection illegal.

The German newspaper Frankfurter Allgemeine reports about plans from the governing Social-Democrats (SPD) to make spamming an offence in Germany. According to the SPD, merely introducing fines is not enough, and spamming should become an offence, with penalties or a prison sentence. The working group on Telecommunication and Mail of the SPD did not yet decide on the length of the desired sentences. Germany will implement the anti-spam legislation in a specific law against unfair competition that also forbids unsolicited faxing, not in the simultaneous pending revision of the Telecommunication Law.

According to SPD-representative Ulrich Kelber prison sentences are necessary to be able to stop the biggest spammers, that send out millions of unsolicited commercial mails. 2 or 3 of the biggest spammers from the

During the OECD workshop on spam, held in Brussels on 2 and 3 February, the consumer unions of Europe and the USA (united in the Trans Atlantic Consumer Dialogue) presented the results of a survey amongst 21.102 consumers on both sides of the Atlantic Ocean. 96 percent of the people said that either they hated spam or that it annoyed them. 82% of the respondents said that governments should only allow commercial e-mails to be sent if the recipient has agreed in advance to receive them (opt-in).

In spite of this apparent massive wish for opt-in, representatives from the US Federal Trade Commission defended the new opt-out legislation in the United States. This invoked polite criticism from Commissioner Liikanen and less politely worded responses from representatives from ISPs and consumer associations.