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with the conditions laid down by their own domestic law, as Member States cannot
evade the obligations arising from the ECHR by using other intelligence services.
- Germany and England are called upon to make permission for further intelligence
operations by the USA conditional on their compliance with the ECHR, and to check
such compliance, as they are responsible for ensuring that intelligence operations
permitted or even merely tolerated within their territory respect human rights.
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Protecting European citizens
- The Member States are called upon to aspire to a common level of protection against
intelligence operations based on the highest level of protection which exists in any
Member State, since as a rule it is citizens of other states, and hence also of other
Member States, that are affected by the operations of foreign intelligence services.
- National committees responsible for overseeing intelligence services are requested to
attach great importance to protection of privacy when exercising their supervisory
powers, irrespective of whether it is their own citizens, citizens of other Member
States or third-country nationals who are being subjected to surveillance.
- The EU institutions are called upon not to lose sight of the problem of data protection,
which arises, on the one hand, from the scope of the data protection directives, which
is confined to fields covered by the EC Treaty, and, on the other hand, from the
fragmentation caused by piecemeal rules, and to work towards comprehensive,
uniform data protection covering all pillars.
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