AUSTRIA: INFORMATION-SHARING AND DATA PRIVACY

C O N F I D E N T I A L SECTION 01 OF 03 VIENNA 000130 SIPDIS E.O. 12958: DECL: 02/02/2025 TAGS: PTER KCRM KTFN KHLS ECPS ECON PREL CVIS KPAO KTIA, CON, EUN, AU SUBJECT: AUSTRIA: INFORMATION-SHARING AND DATA PRIVACY REF: STATE 8403 Classified By: DCM Chris Hoh. Rason: 1.4(b) and (d). Summary and Background -------------- ¶1. (U) Embassy Vienna welcomes the interagency decision to intensify diplomatic and public diplomacy efforts to address European misunderstandings and concerns about U.S. proposals for enhanced data sharing. Specific responses to reftel requests follow below. In general, this Embassy has had a dialogue with Austrian government agencies on data privacy issues for several years, primarily in the context of the TFTP, PCSC, and HSPD-6 agreements. An Austrian delegation visited Washington Feb. 1-2 for data privacy and PCSC discussions. Our dialogue has also included outreach to media, business, political leaders outside the government, and NGOs. ¶2. (C) Three central problems arise in our efforts to advance the issue. In Austria, the Nazi legacy and familiarity with communist regimes in neighboring countries (and the former East Germany) supports a widespread presumption against government data collection and in favor of stringent privacy protections. Second, the political leadership and other opinion makers lack both information about and an appreciation of terrorist networks to respond to strident or uninformed commentary in the media and elsewhere. Third, Embassy staff also do not possess the detailed knowledge of procedures, proposed agreements, and applicable law to respond to the specific charges made by critics. Our governmental interlocutors on privacy issues for the most part do possess detailed knowledge, including the state of U.S.-EU discussions and negotiations on the various proposed data exchange agreements set out in reftel, but key players see their role as advocates for privacy. To help change attitudes among both the public and opinion leaders will require a concerted effort with international experts from the U.S. and elsewhere in Europe to help bring facts and balance into the debate, including an intra-USG seminar. End Summary and Background USG Seminar -------------- ¶3. (U) To address Embassies' knowledge gap, State, Justice, DHS, and Treasury may wish to consider organizing a two day expert seminar for Embassy staff from EU member countries on proposed data exchange agreements and on the U.S. and EU data privacy regimes. Action Requests -------------- ¶4. (U) POC: Economic and Political Affairs Counselor Dean Yap ¶5. (C) Host Government Domestic Political Concerns: Beyond the historic sensitivities noted above (para 2),the Austrian government's position is motivated by a hostile media and public climate, which has been heavily influenced by Austrian and European politicians and NGOs with strong personal/professional commitments to protection of civil liberties. During the course of the Bush Administration a consensus emerged that the USG was pursuing a security at any cost agenda that posed a serious threat to European as well as American civil liberties. Despite the change of Administrations, this consensus retains its hold on the Austrian media and public whenever enhancing trans-Atlantic security cooperation is proposed. This public consensus also enjoys strong support in the Austrian data protection authority, a branch of the Chancellor's office. Given this combination of consensus outside the government and significant support for it within the governing coalition (equal numbers of social democrats (SPO) and conservatives (OVP) and therefore finely balanced on all political issues), very few Austrian public figures, let alone government members, have been willing to speak out in defense of greater trans-Atlantic data exchange. ¶6. (SBU) Influential Decision-Makers: The key government figures with a policy making role are: -- Chancellor Werner Faymann (SPO),simultaneously leader of the Social Democrats, a consensus-builder focused on domestic matters; -- Interior Minister Maria Fekter (OVP),a law-and-order politician with a tendency to launch not fully vetted initiatives; despite her institutional and ideological VIENNA 00000130 002.2 OF 003 interest in data sharing, she was reportedly furious at the process and outcome leading to conclusion of the SWIFT agreement at the end of last November; -- Foreign Minister Michael Spindelegger (OVP),a newcomer to international affairs, but aware of the damage Austria's position on data exchange could do to bilateral relations; -- Vice-Chancellor and Finance Minister Josef Proell, who also is OVP leader, but has not yet engaged on this issue. -- Justice Minister Claudia Bandion-Ortner (OVP),a secondary figure in this discussion. ¶7. (U) Politically Relevant Individuals: Though not decision-makers, the following is a partial list of prominent individuals whose positions are or could be influential in either public or diplomatic data-exchange discussion in Austria: -- Government: Juergen Meindl, Foreign Policy Advisor to the Chancellor Judith Gebetsroithner, European Policy Advisor to the Chancellor Eva Souhrada-Kirchmayer, Data Protection Office Director, Office of the Chancellor -- Parliament: Josef Cap, SPO caucus leader Otto Pendl, Internal Security Spokesman, SPO Karl-heinz Kopf, OVP caucus leader Wolfgang Schuessel, OVP Foreign Policy Spokesman (former Chancellor) Wilhelm Molterer OVP Constitutional Affairs Spokesman (former Vice Chancellor) Peter Pilz, Green Security Spoke Alexander van der Bellen, Green Foreign Affairs Spokesman -- European Parliament: Ernst Strasser (OVP) Joerg Leichtfried (SPO) Hannes Swoboda (SPO) Martin Ehrenhauser (IND) Eva Lichtenberg (Greens) -- Political Parties: Laura Rudas, SPO co-Party Manager Ulrike Hartmann, SPO International Affairs Sec. Karl Duffek, Renner Instute (SPO think-tank) Director -- Media: Kurt Seinitz, Foreign Affairs Editor of populist mass-circulation tabloid "Kronen Zeitung" Wolfgang Boehm, Senior Economic Editor and columnist, centrist daily "Die Presse" Oliver Grimm. Brussels Correspondent, "Die Presse" Raimund Loew, Brussels Correspondent, ORF (state broadcaster) TV Ernest Hauer, Europe Department Head, ORF radio Michael Bachner, Economics Editor, mass-circulation Vienna daily "Kurier" Margaretha Kopeinig, EU Editor, "Kurier" Andreas Schnauder, Economics Editor, left-liberal Vienna daily "Der Standard" Rainer Sturz, Economics Editor, mass-circulation regional daily "Kleine Zeitung" -- Academia/NGOs: Prof. Dr. Bernd-Christian Funk, Dept. of Constitutional and Administrative Law, Univ. of Vienna Mag. Christoph Tschohl, Ludwig Boltzmann Institute for Human Rights ¶8. (U) Potential Washington Visitors: In the PCSC and HSPD-6 discussion extensive contacts have been developed between Austrian and U.S. working-level officials. Embassy would recommend three additional levels of visitors to fully engage Austria on data exchange/privacy issues. First, occasional visit by A/S-level or higher officials would allow us to engage both senior GoA officials, but also to secure media attention for authoritative USG statements. Second, a visit by USG technical experts enable more effective engagement with Austrian NGOs and academics, as well as with the few journalists who have focused in detail on these issues. Finally, looking beyond the USG, post would welcome suggestions for expert academic/legal/NGO experts in this field who are talented communicators. There is some advantage in credibility if they are nationals of EU states rather than Amcits. Post's Public Affairs Section could enlist these speakers in videoconferences with select audiences as well as bring them as U.S. Speakers to Austria to engage targeted audiences on U.S. data privacy practices. VIENNA 00000130 003 OF 003 ¶9. (U) Media Evaluation: Interest, reporting, and commentary on U.S. data privacy issues in Austrian media outlets are invariably skeptical-to-critical. Media sources, inside and outside the Austrian government, tend to be critical of U.S. data privacy practices while, as previously mentioned, detailed responses/rebuttals have been lacking from U.S. experts. Hence, criticism gets reported more prominently and more often in media. Per reftel para 23, PAS provides a summary of key Austrian media reporting and commentary, Mondays through Fridays. These summaries include data privacy reporting/commentary when it appears. ¶10. (U) Potential PD Activities: Re the interim TFTP agreement, post is in contact with Treasury, State (EUR/PPD) and USEU (PAO) on arranging media interviews and/or an op-ed in coming days. We welcome all such initiatives. On ongoing and future data privacy sharing issues/initiatives, we suggest the following PD measures in coming weeks/months: -- Preparation of a straightforward, interagency-cleared fact sheet, perhaps using elements of the non-paper document included in reftel, for translation and use with journalists and others. -- State's Foreign Press Center could organize a briefing for correspondents from EU nations in Washington on data privacy and data sharing between the U.S. and EU. U.S. interlocutors, of course, should be expert and ready to engage journalists on a detailed level. -- A solid briefing on the importance and usefulness of data sharing between the U.S. and EU should be included in FY2010 International Visitor Leadership visits and similar programs involving EU participants. For instance, in coming days Austria will send one IVLP participant from Austria's Criminal Intelligence Service and one from the Department of International Affairs at he Interior Ministry. Likewise, the proposed briefing could be provided to all/most visitors traveling to the U.S. at the invitation of embassies -- such as those in EUR/PPD's upcoming project for young leaders from eastern Europe and Austria. -- PAS Vienna can arrange a digital videoconference - or perhaps a series - to include either USG and/or non-USG legal experts to explain U.S. data privacy laws and practices, and respond to questions and criticisms from select Austrian interlocutors in media, academia, NGOs, etc. -- PAS can organize a U.S. Speaker tour featuring a non-USG expert on U.S. data privacy law and practices. This expert would engage Austrian media, academics, NGOs, and other relevant audiences. To repeat, we would welcome suggestions of professionals in this field who are steeped in the topic and are strong communicators. -- If possible, State/IIP could produce a short-term Electronic Journal with both USG and non-USG academic texts on U.S. data privacy law and practices and with examples of successful applications of controlled data sharing in thwarting crime and/or terrorism. Such a journal would be useful with our audiences in coming months. EACHO