Brussels, 24/04/2012 (Agence Europe) - On the eve of the European Parliament debate that is vital for its future, ACTA (Anti-Counterfeiting Trade Agreement) is having to face yet another hitch. The European Data Protection Supervisor body (EDPS) warns in a second detailed opinion against the risk of a threat against privacy.
In a second opinion based on a detailed analysis of the text of the Anti-Counterfeiting Trade Agreement (ACTA), published on Tuesday 24 April, the European Data Protection Supervisor (EDPS) fears that the lack of precision in ACTA provisions for combating intellectual property breaches on the internet could have “unacceptable” side effects on the fundamental rights of individuals, if such provisions are not correctly implemented. Many measures aimed at strengthening the application of intellectual property rights on line could involve large scale surveillance of the behaviour of users and of their electronic communications and hence prove “highly intrusive” to the private sphere of individuals, the EDPS warns. “While more international cooperation is needed for the enforcement of IP rights, the means envisaged must not come at the expense of the fundamental rights of individuals. A right balance between the fight against IP infringements and the rights to privacy and data protection must be respected. It appears that ACTA has not been fully successful in this respect”, the EDPS stresses.
The EDPS points to the fact that measures allowing the “indiscriminate or widespread monitoring” of internet users' behaviour and/or electronic communications, in relation to trivial, small-scale, not for profit infringement would be “disproportionate” and in breach of Article 8 ECHR (European Court of Human Rights), and Articles 7 and 8 of the Charter of Fundamental Rights. Also, many of the voluntary enforcement cooperation measures would entail a processing of personal data by internet service providers, which goes beyond what is allowed under EU law. Finally, the EDPS states, ACTA does not contain sufficient limitations and safeguards such as effective judicial protection, due process, the principle of the presumption of innocence, and the right to privacy and data protection.
Negotiated outside the WTO behind closed doors by Australia, Canada, South Korea, the United States, Japan, Morocco, New Zealand, Singapore and the EU, ACTA aims to protect intellectual property against traditional counterfeiting (clothing, medicines) and digital counterfeiting (illegal downloading) on the basis of harmonised international standards. However, a number of the ACTA provisions are suspected of being detrimental to freedom, especially freedom of the internet, or to access to generic medicines.
Approval - or rejection - procedure for the agreement at the European Parliament has entered its final phase. Rapporteur David Martin (S&D, UK) will, on Wednesday, put his recommendation to the international trade committee, calling on MEPs to reject the agreement, and stating that its potential risks for civil liberties are greater than its advantages. The international trade committee is to draft a recommendation on approval or rejection of ACTA by the Parliament as a whole. ACTA cannot take effect in the EU without Parliament's consent. The European Commission, which negotiated the agreement on behalf of the EU, decided in February this year to refer the matter to the EU Court of Justice to ensure ACTA's compliance with European legislation. The text of the agreement will nonetheless be submitted to the plenary assembly vote in June or July this year. Martin Schulz, European Parliament President, will be on an internet “chat” line on Thursday via the Parliament's Facebook page, on the subject of this highly controversial agreement. (EH/transl.jl)