Cablegate: Portugal: Information-Sharing and Data Privacy

VZCZCXRO2903
OO RUEHIK
DE RUEHLI #0075/01 0560738
ZNR UUUUU ZZH
O 250738Z FEB 10
FM AMEMBASSY LISBON
TO RUEHC/SECSTATE WASHDC IMMEDIATE 8143
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE IMMEDIATE

UNCLAS SECTION 01 OF 02 LISBON 000075

SENSITIVE
SIPDIS

STATE FOR S/CT PAUL SCHULTZ
STATE ALSO PASS TO EUR/ERA ALESSANDRO NARDI
STATE ALSO PASS TO L/LEI KEN PROPP
STATE ALSO PASS TO A/GIS/IPS/PRV CHARLENE THOMAS
STATE ALSO PASS TO USEU/ECON LORELEI SNYDER
DEPARTMENT OF JUSTICE FOR TOM BURROWS AND MARY LEE WARREN
DEPARTMENT OF HOMELAND SECURITY FOR MIKE SCARDAVILLE AND
JOHN KROPF
DEPARTMENT OF THE TREASURY FOR JULIA YOO AND CARLTON GREEN

E.O. 12958: N/A
TAGS: PTER KTFN KCRM KHLS ECPS ECON PREL KPAO KTIA
CON, EUN, PO
SUBJECT: PORTUGAL: INFORMATION-SHARING AND DATA PRIVACY
ISSUES

REF: STATE 8403

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1. (U) Consul General and Poleconoff delivered reftel points
in early February to Goncalo Teles Gomes, Portugal's Ministry
of Foreign Affairs (MFA) Chief for North America, Regina
Quelhas de Lima, MFA Director for Justice Affairs in the
European Directorate, Joao Manuel Ribeiro, Ministry of
Justice (MOJ) Director for International Relations, and Carla
Encarnacao, Ministry of Interior (MOI) Chief of International
Relations and Cooperation.

2. (SBU) Teles Gomes told us February 19 that the GOP
interagency was close to reaching consensus on a Homeland
Security Presidential Directive 6 (HSPD-6) and would soon
submit a counterproposal. He stated that while the MFA and
the MOI had already signed off on the proposal, the MOJ was
still reviewing it. Post notes that the GOP itself requested
that the HSPD-6 be discussed at the annual U.S./Portugal
Bilateral Commission Meeting in January in Washington and
that Ambassador Nuno Brito, MFA's Director General for
Foreign Policy, who headed the Portuguese delegation,
committed to providing a counterproposal soon. Teles Gomes
underscored that Portugal had already signed a Preventing and
Combating Crime Agreement with the U.S. in June 2009.

3. (SBU) Regarding the Terrorist Finance Tracking Program
(TFTP) and Passenger Name Record (PNR) data, Teles Gomes
noted that these two programs were being handled through the
EU. He assured us that our views would be given proper
consideration in GOP discussions in Brussels.

4. (U) Separately, Ribeiro sent us a formal response to the
non-paper February 23 stating that the Ministry of Justice
was working on the HSPD-6 and reiterating its willingness "to
work in a constructive manner with the other EU member-states
. . . on issues deemed necessary to prevent and combat
terrorism at the international level."

5. (SBU) COMMENT: Of the two bilateral information-sharing
programs discussed in the demarche, Portugal has signed one
(PCC) and is close to submitting a proposal on the other
(HSPD-6). The other programs covered by the demarche -- TFTP
and PNR -- are being handled through the EU and we expect
Portugal to make good on its pledge to work with other EU
member states to prevent and combat terrorism at the
international level. END COMMENT.

6. (U) An unofficial translation of Ribeiro's letter follows:

Begin Text:

Thank you for the document on information-sharing and data
privacy issues, which is also associated with the more
general issue of the prevention and combat of terrorism.

This document was analyzed by the International Relations
Division of the D/G for Justice Policy (GRI/DGPJ). Data
privacy is a sensitive matter, to which the EU and its member
nations, including Portugal, dedicate special attention,
particularly due to constitutional issues such as citizens'
rights, liberties, and privileges.

The implementation of the 12 common principles in a future
international agreement between the U.S. and the EU may be
the means to reaching the desired consensus on this issue and
to eliminating some of the concerns that still exist
regarding the processing and use of private data, thereby
facilitating the sharing of police and counterterrorism
(intelligence) data.

However, in a global framework of preventing and combating
terrorism, information sharing and cooperation among nations
assumes a fundamental role. It is in this perspective that
Portugal is also committed and an example of this is the
ongoing negotiation with the U.S. to sign a bilateral
agreement on sharing data on terrorist suspects.

Likewise, the signing of an agreement between the U.S. and
the EU regarding the transfer of financial data "SWIFT" is
also a fundamental part in this general framework, as it has

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been demonstrated that a small amount of money is enough to
prepare and carry out international-level terrorist
activities. Such an agreement is particularly important to
prevent and combat this type of crime by assuring the shared
use of relevant information, which may allow the competent
authorities - be they the financial data units or the
criminal investigation teams - to better carry out their
respective duties.

Within the framework of technical/judicial negotiations,
under which the GRI/DGPJ falls, Portugal (through the Justice
Ministry) will not fail to take into consideration the
importance of the current work of the EU regarding
transatlantic dialogue and the signing of agreements with the
U.S. Portugal affirms its availability to work in a
constructive manner with the other EU member states to draw
up a new long-term agreement on SWIFT matters and on other
issues which may be deemed necessary to prevent and combat
terrorism at the international level.

End Text.

For more reporting from Embassy Lisbon and information about Portugal,
please see our Intelink site:

http://www.intelink.sgov.gov/wiki/portal:port ugal
BALLARD

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