Internationale Politikanalyse International Policy Analysis Internationale Politikanalyse European Integration Working Group* Civil Rights, Security and Consumer Protection in the EU Civil Liberties: Data protection as a cornerstone of European domestic policies In view of increased criminal use of the internet, the state must ob­tain the instruments required for exchanging data and surveillance of communication. At EU level, increased data exchange is already required because of the Schengen Area. The legitimacy of both European and national measures is, however, only guaranteed if the extended availability of personal data is reaso­nably proportionate to freedom of personality, protection of the private sphere and one’s informational self-determination. To this end, strict conditions must be imposed. In the EU, with the Treaty of Lisbon, data protection will finally recei­ve fundamental right status. In the sphere of police and judicial co­operation in the EU, an attempt has been made to strengthen data protection with a corresponding framework decision. Many provisions are, however, imprecise and leave it to the discretion of the national authorities to define the limits for forwarding and use of person-related data. In addition to the use of data by public authorities, misuse of data in the private sector is an increasing problem. Data retention generates an additional problem of trust at the interface between prerogative use of data and commercial data storage. For use of customer and user data in the private sector, stronger boundaries must be drawn and penal meas­ures provided for in the event of violation. JUNE 2009