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EU: THE LEGALITY of SURVEILLANCE by NATIONAL INTELLIGENCE & SECURITY AGENCIES

06 December 2014

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"This Working Document contains the legal analysis behind the WP29 Opinion on surveillance of electronic communications for intelligence and national security purposes that was adopted on 10 April 2014. The focus of this Opinion lies with the follow up that is needed after the Snowden revelations. To this end, it contains several recommendations on how to restore respect for the fundamental rights of privacy and data protection by the intelligence and security services, and on how to improve supervision of these entities’ activities while maintaining national security....

none of these instruments contains a provision that would allow for massive, structural or unlimited data transfers. In as far as third country public authorities wish to obtain direct access to personal data under EU jurisdiction, they should make use of the formal means of cooperation, since no explicit possibilities are foreseen in the EU legislation to transfer personal data held by private sector data controllers to third country law enforcement authorities or security services."

See: EU Article 29 Working Party on data protection: Working Document on surveillance of electronic communications for intelligence and national security purposes (52 pages, pdf)

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