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Topic: UK: EU May Take Legal Action Against UK for Lack of Adequate Privacy Laws  (Read 1653 times)

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I wonder how UKIP feels about that one? Surely, that's a tick in the box for the "good things about being in Europe" column?



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You would think so.


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I wonder how we can find out? Seriously, I'm still trying to work out what their motives are and I think their reaction to this would be a good indication of it.



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Re: UK: EU May Take Legal Action Against UK for Lack of Adequate Privacy Laws
« Reply #4 on: November 03, 2009, 10:43:26 PM »
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The EU Commission has basically identified three failings. First, there is no independent authority supervising the interception of communications and hearing related complaints. Second, there is an excessively wide interpretation of the principle of consent given in Britain's Regulation of Investigatory Powers Act. Third, its sanctions against the interception of personal data are too limited.

And this would be the same EU Commission which has passed directives requiring service providers to maintain a database of all e-mails etc. for possible government use, would it?
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Re: UK: EU May Take Legal Action Against UK for Lack of Adequate Privacy Laws
« Reply #5 on: November 04, 2009, 07:32:28 AM »
I wonder how we can find out? Seriously, I'm still trying to work out what their motives are and I think their reaction to this would be a good indication of it.

I believe we have an answer:

And this would be the same EU Commission which has passed directives requiring service providers to maintain a database of all e-mails etc. for possible government use, would it?

If I'm reading that correctly, it translates to "It doesn't matter what good things the EU does, it's still bad."


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Re: UK: EU May Take Legal Action Against UK for Lack of Adequate Privacy Laws
« Reply #6 on: November 05, 2009, 10:20:12 AM »
If I'm reading that correctly, it translates to "It doesn't matter what good things the EU does, it's still bad."

I'm saying that any benefits derived from the EU are tiny compared to the massive drawbacks. 
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Re: UK: EU May Take Legal Action Against UK for Lack of Adequate Privacy Laws
« Reply #7 on: November 05, 2009, 10:33:01 AM »
Really? I think safeguarding privacy and freedom of speech is a pretty big thing. Bigger than measuring bananas anyway!


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Re: UK: EU May Take Legal Action Against UK for Lack of Adequate Privacy Laws
« Reply #8 on: November 08, 2009, 12:17:13 PM »
I think safeguarding privacy and freedom of speech is a pretty big thing.

It is, but I don't see the EU paying it more than lip-service. 

Several EU Commissioners have actually supported the idea that criticism of the EU and its institutions could be made illegal without violating the right to freedom of speech.  One even claimed that criticizing the EU could be akin to blasphemy! 


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Re: UK: EU May Take Legal Action Against UK for Lack of Adequate Privacy Laws
« Reply #9 on: November 08, 2009, 01:35:56 PM »
I'm saying that any benefits derived from the EU are tiny compared to the massive drawbacks. 

Like work directives? European court of Human Rights?

Good old William Hague on  Andrew Marr this morning showed the Tories in their true colours, they'd want to retract legislation that gives the same employment rights to agency staff as to permanent staff. He argued that this would affect the UK more, well of course it would, because UK companies have been employing more and more agency staff, not to get them over a peak period, but purely to use as a loophole because they don't have to give them the same workers rights.
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Re: UK: EU May Take Legal Action Against UK for Lack of Adequate Privacy Laws
« Reply #10 on: November 08, 2009, 03:50:22 PM »
It is, but I don't see the EU paying it more than lip-service.  

Several EU Commissioners have actually supported the idea that criticism of the EU and its institutions could be made illegal without violating the right to freedom of speech.  One even claimed that criticizing the EU could be akin to blasphemy!  




May I ask who and when?  Just curious, as I am still undecided about where I stand with the EU (having just moved here).  Something to read would be great Paul.









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Re: UK: EU May Take Legal Action Against UK for Lack of Adequate Privacy Laws
« Reply #11 on: November 08, 2009, 10:41:53 PM »
Like work directives?

Every time you give employees more rights (in the legal sense) you are restricting the rights of employers to make decisions as to how they run their business.  Why do you not think that an employer has the same rights as an employee?   Is it because socialists who support this legislation seem to be stuck on the idea that employees are always poor, downtrodden workers being exploited left and right by employers, who must, by virtue of being employers, be rich and powerful lords who regard their employees as mere serfs?

When you make potential employers reluctant to take on an employee because of the difficulty of firing him if things don't work out, or because of the increasing expense to comply with the ever-growing legislative requirements, you are actually damaging the employment prospects for many.

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European court of Human Rights?

Not part of the EU. 

The European Court of Justice is though, and what exactly is it supposed to have given us that we did not have already by way of the Magna Carta, the Bill of Rights, and so on?    In fact its decisions often go against Britain, and even against the ECHR as demonstrated below.


May I ask who and when?  Just curious, as I am still undecided about where I stand with the EU (having just moved here).  Something to read would be great Paul.

In blue to avoid a large block of small, quoted text:

THE European Court of Justice changed the political climate profoundly this week by ruling that the European Union can suppress criticism to protect its reputation. Keith Vaz, the Europe minister, dismissed the matter as a minor staff case involving Bernard Connolly, the British whistleblower, with no implications for ordinary EU citizens. But Mr Vaz mixes up two separate cases. One is a staff case, the other is a free speech case going far beyond the issue of whether Connolly broke his contract at the European Commission by writing The Rotten Heart of Europe. The court ruled that the Commission could restrict criticism that damaged "the institution's image and reputation", and that it could do so by resorting to a legal device used by fascist governments to suppress dissent in the 1920s and 1930s: "the protection of the rights of others".

This ECJ ruling defies half a century of case law by Europe's other court, the non-EU Court of Human Rights in Strasbourg, as well as resurrecting the ancient offence of "seditious libel" banned by the House of Lords. The Human Rights Court has ruled repeatedly that governing bodies may not restrict criticism in such a way. Specifically, the term "protection of the rights of others" does not apply to public bodies. Last week's ruling shows that the ECJ (despite paying lip-service) does not consider itself bound by the European Convention on Human Rights, drafted by British lawyers after the Second World War to safeguard liberty in Europe. (Telegraph 10/3/01)

Mr Vaz argues that even your Brussels correspondent "can ply his trade in complete safety". For how long? Article 52 of the EU Charter of Fundamental Rights declares that all freedoms and rights can be restricted to "meet objectives of general interest recognised by the Union". The rights that can be thus restricted include not only free speech and the right to life, but also the right not to be punished by retroactive legislation, the right to a fair trial, the presumption of innocence and the absence of double jeopardy (a provision of which Jack Straw wants to take advantage already). (Letter in Telegraph From: Bernard Connolly: 9 March 2001)


About half way down the page:  http://www.kc3.co.uk/~dt/law_&_order.htm

The Telegraph article link there is no longer valid, but here's one which is, and which contains a reference to the "akin to blasphemy" issue (which the ECJ did reject):

http://www.telegraph.co.uk/news/worldnews/1325398/Euro-court-outlaws-criticism-of-EU.html


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Re: UK: EU May Take Legal Action Against UK for Lack of Adequate Privacy Laws
« Reply #12 on: November 08, 2009, 11:43:06 PM »
I'll track down some articles from the opposite viewpoint to the Daily Torygraph when I've got time.

And yes Paul, I agree with workers rights, being a worker myself! I don't agree with allowing companies to exploit a loophole in order to take on so-called temporary staff over permanent so that they can fire them the moment they get to a situation where they may be entitled to benefits. And it's unfortunate that we have to rely on the EU to bring in legislation that defends British people because the British government don't want to but it seems that's the way it is. One of the reasons that Britain is so harder hit by the recession? Because the British government rejected various employment laws in order to allow companies to fire people easier thinking that would encourage them to set up business here and that is why factories are being closed here rather than on mainland Europe as companies move their production there.
« Last Edit: November 08, 2009, 11:44:58 PM by TykeMan »
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Re: UK: EU May Take Legal Action Against UK for Lack of Adequate Privacy Laws
« Reply #13 on: November 09, 2009, 07:15:12 AM »
Every time you give employees more rights (in the legal sense) you are restricting the rights of employers to make decisions as to how they run their business. 

Are you serious? You don't think we are past the days when the employer effectiively owns the employee?


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