European Parliament underlines freedom of expression in fight against terrorism

EU: The European Parliament on Tuesday underlined freedom of speech and the protection of privacy in European Union (EU) legislation on the fight against terrorism.

The parliament on Tuesday voted to beef up the data protection provisions of a proposed framework decision on police and judicial cooperation in criminal matters.

In a report on protection of personal data relating to a proposal to include three new offenses in EU legislation — public incitement to commit terrorist offenses, recruitment for terrorism, and terrorist training, the parliament stressed that the fight against terrorism must not constrain freedom of expression.

On the proposed framework decision on police and judicial cooperation in criminal matters, parliamentarians complained that the text had been watered down by the council of ministers.

The text drafted in the council of ministers would apply only to exchanges of data among member states, and not to the processing of data within them, as originally proposed by the European Commission. The Parliament considered that the text should also apply to data processed at national level and that particular attention should be paid to the purposes to which personal data may be utilized.

The parliament believed that member states’ competent authorities must have access to data held by private operators case by case, subject to judicial control. Private operators entrusted with public service tasks should be subject to requirements at least equivalent to those imposed on the authorities. The transfer of personal data to third countries or international organizations must be better governed, by doing it case by case, the parliament insisted.

It also believed that member states must take greater pains to ensure adequate protection for data transferred to third countries. The assessment of whether the level of protection offered by a third country is adequate should moreover be done by an independent authority.

On the criminalization of the three offenses, the parliament argued that the fight against terrorism must not constrain freedom of expression.

Aiming to produce a balanced text that can best serve those seeking to prevent radicalization and the emergence of potential terrorists whilst affording maximum protection to fundamental rights, the parliament adopted a consultation report.

The parliament wants a tighter definition of “public incitement, “ arguing that this conduct would be an offense only if it created a “genuine” danger and not just a “hypothetical” one. The parliament also wants explicit safeguard clauses for fundamental rights and stressed the need to abide by the EU Charter of Fundamental Rights and the European Convention on Human Rights.

The report stresses that the framework decision must not prevent the airing of radical, polemic or controversial views, even on terrorism and that the contents of private communications such as emails must be protected.

BRUSSELS, Wednesday, Xinhua