Daily Telegraph London 30/5/2000

Private records opened to EU

By Ambrose Evans-Pritchard In Brussels

EUROPEAN  governments  will have powers to trawl through  the  personal
records  of  British citizens suspected of criminal  conduct  under  an
agreement approved by Jack Straw, the Home  Secretary,  at a meeting of
European Union ministers yesterday.

The  new  Convention on Mutual Legal Assistance will  allow  EU  member
states  to  request e-mail,  fax, and telephone records  of   suspected
criminals in other EU countries, in some cases without a specific court
order.

They will also be allowed to request surveillance of telecommunications
traffic, which can include intercepts of data and voice  messages.

Britain  can refuse to comply in certain circumstances if  the  request
clashes with British law, but the agreement stipulates that  in general
states "shall undertake to comply with requests" for assistance.

The  convention is aimed at drug trafficking,  child  pornography,  and
other forms of serious cross-border crime,  but the document  does  not
specify the offences.

Last  year,  the House of Commons European  Scrutiny  Committee  raised
questions  about the document's failure to define what sort of   crimes
could justify such intrusive surveillance. The European Parliament also
lodged   objections,   responding  to   concerns   that    cross-border
surveillance  requests  could be misused to pursue minor  offenders  or
even  to  keep  watch on political opponents.  The   document  was  not
seriously changed.

"It's  a massive extension of the power to law  enforcement  agencies,"
said Tony Bunyan, head of Statewatch, a civil rights  organisation.

"Police  forces  in  another  country  can  basically  say,  'Here's  a
telephone line we want to tap' and there's not much to stop them."  But
Mr  Straw  said it was a necessary instrument  for  fighting  organised
crime.

The  convention  is intended to update the original 1959  agreement  to
bring it into line with modern technology. It still has to be  ratified
by the parliaments of the EU's 15 member states, but the text cannot be
changed.

In parallel with the convention, the Government also signed up to parts
of the EU's Schengen Agreement on police co-operation.

But  Mr  Straw  is keeping Britain out of the  Schengen  provisions  on
immigration,  asylum,  and visas,  so that Britain will be allowed   to
keep its border controls.


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