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11 June 2008
pursuant to Rule 114(1) of the Rules of Procedure
by Stavros Lambrinidis
on strengthening security and fundamental freedoms on the Internet

European Parliament recommendation to the Council on strengthening security and fundamental freedoms on the Internet 

The European Parliament,

–  having regard to the European Convention on Human Rights and the Charter of Fundamental Rights, and in particular the clauses thereof relating to the protection of personal data, freedom of expression and information and respect for private and family life,

–  having regard to the recent initiatives for the detection of serious crime and terrorism (‘Check the Web’ project) and the recent proposal to amend Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism, as well as the proposal for a review of Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications,

–  having regard to the work undertaken in the Council of Europe (CoE), the Organisation for Economic Cooperation and Development (OECD) and the United Nations (UN), both as concerns the combating of crime and cyber‑crime and as concerns the protection of fundamental rights and freedoms, including on the Internet,

–  having regard to the most recent judgments of the European Courts and national constitutional courts in this field, and in particular the Judgment of the German Federal Constitutional Court recognising a distinct right to the protection of confidentiality and the integrity of information technology systems,

–  having regard to Rule 114(1) of its Rules of Procedure,

A.  whereas the Internet has become a key instrument at world level for exercising freedom of expression and developing business activities; whereas these circumstances make it all the more crucial for the combating of crime and abuses of public and personal powers not to limit the potential of that instrument,

B.  whereas the worldwide scope, rapid development and specific technical characteristics of the Internet make it difficult to supervise through national legislation alone, and initiatives should be taken, not least at international level, to protect the rights of individuals in terms not only of their security but also of their freedoms and the protection of their private lives,

1.  Addresses the following recommendations to the Council:

   a)facilitate a gradual alignment in the EU of national legislation concerning the    requirements relating to the protection of fundamental rights on the Internet,
   b)take steps to intensify the dialogue between national and European legislators and    between national and European courts,
   c)promote the dialogue between all those involved in and affected by the Internet, and    particularly Internet operators and users,
   d)promote conclusion of the necessary international agreements, both at a bilateral (and    notably Transatlantic) level and at a multilateral level (CoE, OECD and UN    initiatives);

2.  Instructs its President to forward this recommendation to the Council and, for information, to the Commission.

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