Wednesday, February 13, 2013

Crimes Against Humanity Exposed - This Corporations Monopoly Want Your Life To Be Stored Into Their Computers With the Help Of New Soviet Union Called European Union. Crony Capitalism Is Called Fascism

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See which changes proposed by lobbyists went straight into amendments by EU Committee members on the General Data Protection Regulation (GDPR). Compare the lobbyists requests and the committee members proposals. Learn which impact the changes would have on the protection of your data. Background-Article for this project by Richard Gutjahr (German).

See for yourself



LobbyistDescriptionDocuments
ACCISAssociation of Consumer Credit Information Suppliers. Established in Dublin in 1990, it currently brings together 37 consumer credit reference agencies in 27 European countries and 5 associate members from all other continents. ACCIS IVZW is since 2006 a registered International non-profit association under Belgian law.1
Amazon
1
American Chamber of CommerceThe American Chamber of Commerce represents the interest of US businesses in the United States and abroad. It represents about 3 million businesses1
BITKOM
12
Bits of FreedomBits of Freedom is a digital rights organizations from the Netherlands and associated with European Digital Rights (EDRi)12
DIGITALEUROPERepresents IT Industry operating in Europe, many members are US or Asian technology companies like Microsoft, Apple, Dell, Samsung or LG.1
EuroISPARepresents European associations of Internet Service Providers (ISP), but also companies like Google, Facebook, Microsoft or eBay1
European Banking FederationThe European Banking Federation claims to be "the voice of European banks" and represents 4.500 banks in Brussels.1
eurofinaseurofinas claims to be the voice of the specialized consumer credit providers in Europe.1
eBay
12
European Small Business Alliance
12
Facebook
1
Future of Privacy Forum
123
International Chamber of Commerce
1
Microsoft
1
Yahoo
1









"Forum Shopping" for IT Companies

This amendment allows companies to "designate" its main establishment. The previous version of the law would make the member state of the factual "main establishment" responsible. This amendment allows massive "forum shopping" – companies can choose the member state with the weakest data protection authority or the littlest enforcement (e.g. UK or Ireland) while actually being situated in a totally different member state. Even Peter Fleischer (Google’s Privacy Officer) has recently criticized Microsoft for "forum shopping" in Luxemburg

Limiting the Application of the Law

The proposed amendment allows for much weaker protection for "pseudonymous data". But what is a "pseudonym"? Twitter e.g. allows nicknames, but in reality it is easy to find out the person behind the "pseudonym". The amendment also says that the exception should cover data if it takes "disproportionate amount of time, expense and effort" to attribute data to a person. In reality new technology often allows to attribute much of the "anonymous" or "pseudonymous" data to a person (at least with a very high statistical chance). At the same time users will be unable to find out and verify such factual attribution, because no one can look into the server farm of some US tech giant. In summary a low bar for "pseudonym data" is a giant loophole in the law.

"Criminal Records" at your Bank

This amendment is a prime example for exemptions for special interest groups: The first sentence allows financial institutions to process even highly sensitive personal data (like sexual orientation, genetic data or data concerning health) when they can claim that they are processed "in the context" of fraud detection. The second sentence is even broader and is circular in the sense that it allows any processing of data relating to criminal offences in any context. Why don’t we just remove the special protection for data relating to "criminal convictions" in general?

Lowering Penalties Further

These provisions force authorities to overall lower penalties if the law is breached. It seems questionable that "measures to ensure compliance" or "termination of the violation" should be a mitigating factor, they just seem like a normal reaction when processing data or if being caught breaking the law. In reality this provision ensures that companies never have to pay the full fine.

Elimination of Enforcement by Consumer Organisations

One of the advantages of the proposed regulation is the possibility for NGOs to enforce the rights for users – just like consumer organizations are already enforcing rights of consumers. Normal users have no time and money to sue e.g. Google. The amendment removes the possibility for collective enforcement - this means that millions of users have to sue "tech giants" individually.

Limiting Independence of "Data Protection Officers"

The "Data Protection Officer" should be a form of internal control and replaces external (government) control that currently exists in some member states. If the "DPO" can be fired at any time there is little chance that he will enforce the law against the management. It is usual that such functions (e.g. representation of employees) are protected from dismissal. This amendment removed this protection for the "DPO".

Eliminination of "Data Protection Officer"

The "Data Protection Officer" should be a form of internal control and replaces external (government) control that currently exists in some member states. According to this amendment a "DPO" should be optional, not mandatory: "Should" instead of "shall" - just one word that removes a whole control system.

"Consent" without Alternative

The original version ensured that companies cannot factually force users to a "freely given" consent to data processing when there is a significant imbalance (e.g. in an employer-context). This is already the law in many member states and is a concept in other fields of consumer laws as well. The amendment is deleting this protection for European citizens and allows companies to process data based on "consent" even in situations where users have no real possibility to say "no"

Electronic Access Requests are "Risk for Fraud"

This amendment is limiting the right of citizens to obtain a copy of their personal data in an "electronic form". It is totally unclear how providing data in a digital form would be any more likely to create risk for fraud then answering access requests in a written form – on the other hand it makes it totally clear how absurd some of the amendments by lobby groups are. The "Justification" to the Amendment is talking about the necessity of "authentication checks" which is necessary before the response by a company, independent form the format of the response.

General Allowance to process Data "relating to Criminal Offences" and "Sensitive Data" for Fraud Detection

This amendment is a prime example for exemptions for special interest groups. The amendment allows financial institutions to process even highly sensitive personal data (like sexual orientation, genetic data or data concerning health) when they can claim that they are processed "in the context" of fraud detection. The second sentence is even broader and is circular in the sense that it allows any processing of data relating to criminal offences in any context.

"Profiling" for everyone

The broader protection against the negative effects of "profiling" were replaced by a very narrow right for citizens. It is again unclear what is meant by "unfair" or "discriminatory" – what might be perfectly fair in the view of a company might be seen as rather "unfair" by a user. In addition only the outcomes, not the "profiling" itself is limited by this provision.

Limiting the Duties of "Cloud" Providers

The law tried to ensure that EU citizens’ data is secure when stored in non-EU "clouds". Cloud providers (like Amazon) want to limit the duties to protect EU citizens’ data in "clouds". It makes no sense to have binding rules for "users" of such services (e.g. EU businesses), but no or less rigid rules for "cloud" providers which actually control the servers where the data is held.

No more "Data Minimization"

The wording is originally from the current law, but what is "excessive"? Is 1 Gigabyte of data for the purpose of targeted advertising "excessive"? ...are 10, 50 or 100 Megabyte "excessive"? The new definition originally proposed by the European Commission "limited to the minimum necessary" makes more sense by essentially saying every "bit" that is not necessary must be deleted.

Sharing Data with Anyone that has a "Legitimate Interrest"

A company can process citizens’ data not only in its own interest, but also for "legitimate interests" 1. of "third parties" or 2.of "parties to whom the data [is] disclosed". This means that a company can share citizens’ data with anyone that has a "legitimate interest" in them. This could arguably be the content industry that has a "legitimate interest" in data from telecom providers. In fact no one knows what a "legitimate interest" really is. Especially not when it comes to the "legitimate interests" of "third parties" (which is in fact anyone in the world). The essence of this allowance currently exists in the law of many member states, but was intentionally replaced, given the problems describes above.

Lowering the Bar for "Consent"

There are many situations when companies can process peoples’ data, e.g. when users give their "consent". But the opinions of what a valid "consent" is defer widely. Some even claimed that as long as users’ do not actively say "no" there is some form of consent. The European Commission has proposed to ask for "explicit" consent, so an "active yes". This is already the law in most member states, but the lobbyists ask for less: They wanted to attach the "level of consent" according to the "context". But what level of consent is now necessary in a given context? How "explicit" must consent be in a context where an explicit consent is impossible? In practice the amendment makes the requirement for an "explicit consent" useless.



Committee memberCountryGroupAmendmentsLinks
Adam BielanPolandECR4/30 (13.33%)
Adina-Ioana VăleanRomaniaALDE6/322 (1.86%)
Alejo Vidal-Quadras RocaSpainEPP0/8 (0.00%)
Amelia AndersdotterSwedenGreens/EFA0/284 (0.00%)
Andreas SchwabGermanyEPP3/67 (4.48%)
András GyürkHungaryEPP0/6 (0.00%)
Angelika NieblerGermanyEPP2/31 (6.45%)
Anna HedhSwedenS&D1/40 (2.50%)
Anna Maria Corazza BildtSwedenEPP0/4 (0.00%)
Antonio López-Istúriz WhiteSpainEPP3/180 (1.67%)
Arlene McCarthyUnited KingdomS&D0/10 (0.00%)
Bendt BendtsenDenmarkEPP0/15 (0.00%)
Bernadette VergnaudFranceS&D1/11 (9.09%)
Bernd LangeGermanyS&D0/17 (0.00%)
Catherine SthihlerUnited KingdomS&D0/45 (0.00%)
Cecilia WikströmSwedenALDE0/4 (0.00%)
Christel SchaldemoseDenmarkS&D0/36 (0.00%)
Christian EngströmSwedenGreens/EFA0/25 (0.00%)
David CasaMaltaEPP0/2 (0.00%)
Eija-Riitta KorholaFinlandEPP0/17 (0.00%)
Emma McClarkinUnited KingdomECR1/8 (12.50%)
Eva LichtenbergerAustriaGreens/EFA0/25 (0.00%)
Evelyn RegnerAustriaS&D0/15 (0.00%)
Francesco Enrico SperoniItalyEFD0/19 (0.00%)
Franck ProustFranceEPP0/6 (0.00%)
Françoise CastexFranceS&D0/19 (0.00%)
Giles ChichesterUnited KingdomECR10/44 (22.73%)
Gunnar HökmarkSwedenEPP0/3 (0.00%)
Ivailo KalfinBulgariaS&D0/11 (0.00%)
Jean-Pierre AudyFranceEPP0/13 (0.00%)
Jens RohdeDenmarkALDE4/162 (2.47%)
Josef WeidenholzerAustriaS&D0/12 (0.00%)
József SzájerHungaryEPP0/2 (0.00%)
Jürgen CreutzmannGermanyALDE4/237 (1.69%)
Kent JohanssonSwedenALDE0/1 (0.00%)
Klaus-Heiner LehneGermanyEPP3/13 (23.08%)
Kyriacos TriantaphyllidesGreeceGUE/NGL0/12 (0.00%)
Lara ComiItalyEPP0/21 (0.00%)
Lidia Joanna Geringer de OedenbergPolandS&D0/12 (0.00%)
Malcolm HarbourUnited KingdomECR14/55 (25.45%)
Marian HarkinIrelandALDE0/2 (0.00%)
Marielle GalloFranceEPP3/45 (6.67%)
Marita UlvskogSwedenS&D0/12 (0.00%)
Matteo SalviniItalyEFD0/17 (0.00%)
Mitro RepoFinlandS&D0/3 (0.00%)
Morten LøkkegaardDenmarkALDE4/47 (8.51%)
Pablo Arias EcheverríaSpainEPP0/21 (0.00%)
Paul RübigAustriaEPP0/44 (0.00%)
Philippe JuvinFranceEPP0/6 (0.00%)
Pilar del Castillo VeraSpainEPP1/31 (3.23%)
Rachida DatiFranceEPP0/7 (0.00%)
Rafał Kazimierz TrzaskowskiPolandEPP2/103 (1.94%)
Rebecca TaylorUnited KingdomALDE0/25 (0.00%)
Sajjad KarimUnited KingdomECR13/55 (23.64%)
Seán KellyIrelandEPP3/149 (2.01%)
Silvia Adriana ŢicăuRomaniaS&D0/74 (0.00%)
Tadeusz ZwiefkaPolandEPP0/6 (0.00%)

Lobby ProposalsAmendmentsCommittee MembersImplications
IMCO #179Compare
IMCO #180Compare
Forum Shopping
IMCO #171Compare
JURI #108Compare
JURI #109Compare
JURI #111Compare
Limiting Law Application
IMCO #171Compare
JURI #108Compare
JURI #109Compare
JURI #111Compare
Limiting Law Application
IMCO #186Compare
IMCO #188Compare
Lifting Limits for Data Processing
IMCO #191Compare
Sharing Data
IMCO #421Compare
JURI #408Compare
ITRE #871Compare
ITRE #871Compare
Lowering Penalites
IMCO #421Compare
JURI #408Compare
ITRE #871Compare
ITRE #871Compare
Lowering Penalites
ITRE #872Compare
IMCO #422Compare
JURI #409Compare
ITRE #872Compare
Lowering Penalites
ITRE #872Compare
IMCO #422Compare
JURI #409Compare
ITRE #872Compare
Lowering Penalites
IMCO #408Compare
Disabling Comsumer Organisations
IMCO #412Compare
JURI #396Compare
Disabling Comsumer Organisations
ITRE #741Compare
ITRE #742Compare
IMCO #392Compare
IMCO #393Compare
Limiting DPOs Independence
JURI #304Compare
JURI #305Compare
IMCO #387Compare
Eliminating DPOs
IMCO #210Compare
JURI #151Compare
JURI #152Compare
ITRE #399Compare
Forcing Consent
IMCO #238Compare
ITRE #439Compare
Limiting the "Right to Access"
IMCO #231Compare
General Allowance process Data
IMCO #294Compare
JURI #219Compare
ITRE #525Compare
Limiting Scope on Profiling
IMCO #333Compare
JURI #259Compare
ITRE #614Compare
ITRE #616Compare
Limiting Duties for Cloud Providers
IMCO #336Compare
JURI #263Compare
Limiting Duties for Cloud Providers
IMCO #334Compare
JURI #261Compare
ITRE #624Compare
ITRE #625Compare
ITRE #626Compare
Limiting Duties for Cloud Providers
IMCO #182Compare
IMCO #183Compare
JURI #127Compare
JURI #128Compare
Discarding Data Minimization


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Privacy Campaign

European Campaign Portal for the Data Protection Reform
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Parltrack

Parltrack is a European initiative to improve the transparency of legislative processes. It combines information on dossiers, representatives, vote results and committee agendas into a unique database and allows the tracking of dossiers using email and RSS. Most of the data presented is also available for further processing in JSON format. Using Parltrack it's easy to see at a glance which dossiers are being handled by committees and MEPs.
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Help us to find even more covertly copied passages

You can help us. There are a lot of documents from lobby organisations availble and about 1700 amendments by EU Comittee members to check. Help us by reading through the papers and looking for amendments which contain the changes proposed in these documents.







Where to look?

You can either download single lobby papers listed here or get all the papers in one big archive.

Research

There are about 1700 amendments by EU Committee members on the General Data Protection Regulation draft alone. We are about to craft a powerful and sly research tool to find even more lobby proposal replications.
Find out how to support us

Let us know

Report your findings to: report@lobbyplag.eu.

Sources

Original Research

The original research on lobby influence in EU Committees was conducted by Europe versus Facebook.

Lobby proposals

The lobby papers were provided by
Information compiled from these documents is available for Download in JSON format.

Amendments dossier

The amendments dossier with changes proposed by committee members was provided by
Information compiled from this source is available for Download in JSON format.

Acknowledgement

LobbyPlag is made by OpenDataCity
Project Coordination: Marco Maas @themaastrix
Engine Room: Sebastian Vollnhals @yetzt
Helping Hands: Lorenz Matzat @lorz and Martin Virtel @mvtango
With tons of counsel by Richard Gutjahr @gutjahr and Max Schrems @europevfacebook

Why the name LobbyPlag?

The name derives from the German websites GuttenPlag-Wiki and VroniPlag-Wiki - sites that were created by volunteers who analysed the dissertations of politicians and showed their degree of deception.

Source: http://www.lobbyplag.eu/#/compare/overview


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