MEPs Condemn ACTA Secrecy

by Ulrika Lomas, for LawAndTax-News.com, Brussels

15 March 2010

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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