While supporting efforts to protect intellectual
property rights through an international anti-counterfeiting agreement,
Members of the European Parliament (MEPs) are insisting that they must
be kept abreast of the negotiations and that data protection and
privacy rights of citizens must be safeguarded. They would also rule
out the introduction of a "three strikes" internet disconnection as a
penalty for three online copyright infringements.
A resolution adopted by the European Parliament (EP) on March 10 urges the
European Commission and the Council to grant public and parliamentary
access to the Anti-Counterfeiting Trade Agreement (ACTA) negotiation
texts and ensure that MEPs are fully informed in good time about the
initiative. The resolution warns that if parliament's concerns are not heeded, it "reserves its right to take suitable
action, including bringing a case before the Court of Justice in order
to safeguard its prerogatives."
Parliament called on the Commission to continue the negotiations on
ACTA and limit them to the existing European intellectual property
rights enforcement system against counterfeiting.
ACTA would be a new multilateral agreement to strengthen the
enforcement of intellectual property rights and combat counterfeiting
and piracy of goods such as clothing of luxury brands, music, and
films. The negotiating parties - the EU and other OECD countries - have
jointly agreed on a confidentiality clause to keep negotiations secret.
In its resolution, the EP voices concern over the lack of
transparency in the negotiations, and the fact that no parliamentary
approval was sought for the negotiating mandate.
MEPs point to new powers in the Lisbon Treaty which confer upon the
Commission "a legal obligation to inform Parliament immediately and
fully at all stages of international negotiations".
ACTA provisions "should not affect global access to legitimate,
affordable and safe medicinal products, including innovative and
generic products", says the resolution.
MEPs also call for an impact assessment to be carried out with
regard to fundamental rights and data protection and demand that no
personal searches be conducted at EU borders. Parliament also requests
"full clarification of any clauses that would allow for warrantless
searches and confiscation of information storage devices such as
laptops, cell phones and MP3 players by border and customs
authorities".
Finally, MEPs want to ensure that the agreement does not make it
possible for any ‘three-strikes’ procedures to be imposed. For
example, people should not lose their internet access as penalty for
three infringements of online copyright, when downloading music, films
or any other intellectual product.
The European Parliament's concerns echo those expressed by the
European Data Protection Supervisor, Peter
Hustinx, who complained in a statement last month that he had not been
informed by the European Commission
on the content of an agreement "which raises significant issues as
regards individuals' fundamental rights, and in particular their right
to privacy and data protection."
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