Citizens versus ACTA, EU opinion on our side

At least someone is on our side about the secret ACTA IP/rights treaty proposals and negotiations.

In a recent report the EDPS (European Data Protection Supervisor) says

1 The EU commission should make ACTA public.

2 First we must support personal privacy and data protection, then see if there is a way to protect IP/rights

3 Protection of IP/rights must not be above rights to privacy, data protection, presumption of innocence, judicial protection and freedom of expression

4 Three strikes policy profoundly restricts fundamental rights and freedoms of EU citizens.

5 Three strikes internet disconnection are not necessary to enforce IP/rights. Alternative solutions exist or policies can be implemented less intrusively or with more limited scope.

EDPS has issued a press release, recommending:

• to investigate less intrusive means to fight piracy on the Internet: the EDPS takes the view that three strikes approach policies are not necessary to achieve the purpose of enforcing intellectual property rights. Alternatively, less intrusive solutions should be considered or, at least, envisaged policies should be performed at a more limited scope, notably through targeted ad hoc monitoring;

• to apply appropriate safeguards to all data transfers in the context of ACTA: as far as ACTA involves international exchanges of personal data between authorities and/or private organisations located in the signatory countries, the EDPS calls on the EU to implement appropriate safeguards to all data transfers made in the context of ACTA. Such safeguards should take the form of binding agreements between EU senders and third country recipients;

• to establish a public and transparent dialogue on ACTA, possibly by means of a public consultation, which would also help ensuring that the measures to be adopted are compliant with EU privacy and data protection law requirements.

You might care to look also at this commentary about the leaked ACTA enforcement chapter