Dutch discover that once you give bits to someone, you don't own/control them:
http://www.heise.de/tp/english/inhalt/te/7691/1.html
Dutch law enforcement should get easier access to personal data stored
by companies
Jelle van Buuren 21.05.2001
Police wants to screen whole groups of citizens to see if they can
establish criminal patterns
Dutch police can get easier access to personal information of clients
stored in company's databases. All the information stored by companies
will be available to the police, proposes the commission Mevis in a
report launched at Monday last week. The minister of Justice said he
would adopt the proposals in new legislation.
According to the commission, lead by Professor P. Mevis, the current
investigative powers no longer satisfy the needs of the police in the
information society. Privacy rules are often an obstacle, as are legal
definitions, which are not adjusted to the digital developments.
Companies don't know what their obligations are. In many cases companies
cooperate voluntary in providing confidential client information. But
according to the commission Mevis, this situation is not acceptable for
both parties.
The commission therefore proposes new investigative powers for the
police. Police officers should, without the need of a legal order, get
the power to ask personal information like name, address, living place,
client number, bank account, access codes, and registration plate. The
personal information does not have to belong to suspects; the police are
authorised to ask this kind of information for a group of persons, to
investigate networks and communications, and floods of money or goods.
This is called pro-active investigation: the screening by police of
whole groups of citizens to see if they can establish criminal patterns.
A whole range of companies will be forced to work with the police:
telephone companies, Internet providers, lease companies, car rental
companies, travelling agencies, flying companies, garages, real estate
agencies, credit card companies, insurance companies, mortgagors,
transport companies, banks, accountants, chemical industry, chambers of
commerce, educational institutes, art houses, hospitals, hotels and
jewellers.
Location data that will give information where persons or goods were on
certain times, which for instance are stored by warehouses and super
markets (bonus cards!), telephone companies, travel companies, credit
card companies and banks, also have to be given to the police. For this
kind of information a legal order by the public prosecutor is needed and
there has to be the suspicion of a crime punishable by four years or
more. 'Sensitive information', like information on political believes,
race, health, sexual habits or membership of trade unions, can be
demanded when there is a serious breach of the legal order.
The commission further proposes the power to ask for 'future data', so
companies will be obliged to give every bit of new information they
obtain in the future. Companies can also get the obligation to work up
their registers or database to analyse or combine all bits of
information.
The commission and the minister of Justice said at the time of the
release of the report that the proposals strike a 'fair balance' between
the needs of the law enforcement authorities, the companies and the
protection of privacy. According to civil liberties groups, the
proposals only reflect the wishes of police. 'The law enforcement
authorities drew up their list of presents and they got them all. This
proposals means a huge increase in the power of police, with little or
none means of control,' commented Bits of Freedom.
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