Germany – How privacy outplayed the right to knowledge of paternity

 

The obtaining, archiving and releasing of data has been a highly-publicised topic for the last 18 months, with privacy laws in Germany being one of the most reported areas in issue.

Fuelling the debate on data protection, on 2 May 2017, a woman who became pregnant after an encounter with a German male escort failed in a legal battle to find out his name. Known only as ‘Michael’, the escort had got the woman pregnant during a three-day long stay at a German hotel in Halle.

The woman, whose name has been withheld was denied access to finding out the man’s name in order to apply for child support as a result of the pregnancy. Suing the hotel for the man’s information, the court in Munich considered the denial necessary. Indicating that the decision to refuse an order for the release of the information had been made due to the other men by the same first name residing in the hotel at the time. Additionally, the court found it could not be certain that ‘Michael’ had in fact, been the man’s real name. As a result, the court found that the hotel had no obligation to tell the woman the man’s name.

The finding reflects German privacy laws as being some of the strictest in Europe. Partly due to the legacy left by the Nazis and then the communist East German regime which included mass surveillance resulting in grave violations of human rights. Germany has become known as one of the most protective European countries in relation to data protection including the identification of criminal suspects causing controversy across the nation. Germany’s privacy laws have been brought into question recently during the press coverage of the assailant responsible for last year’s Berlin lorry attack, when the German press were prevented from publishing the assailant’s name.

Most recently on 15 May, Germany was the first European country to adapt its national privacy laws to fit within the EU General Data Protection Regulation (‘GDPR’) framework. The bill, which aims to harmonise German domestic legislation with EU regulations has been approved by Germany’s upper house of Parliament for approval. Heavily criticised by German privacy regulators, if agreed the policy will take affect from May 2018. Companies have been told that they should view this as a “warning signal” to ensure their privacy practices comply with the new privacy regime where breaches could result in a 20 million euro mandated fine or 4 percent of the company’s global revenue.

Facebook has also fallen foul of German privacy laws with an open investigation taking place as to whether it has broken data privacy laws in the country. Facebook was found to have violated privacy laws in numerous EU countries, earlier this month including the Netherlands, France and Belgium and also faces investigations in Spain as well as Germany. 

How Scottish EU membership may be marred by unexpected opposition

Whilst the Daily Mail debates who had the better legs – PM Theresa May and MSP Nicola Sturgeon met last week to discuss a second referendum on Scottish independence in the light of Brexit.

The embarrassingly titled ‘Legs-it’ article as to who had the most attractive legs came as a result of the talk between the two held on Tuesday, 28 March and the triggering of Article 50 the following day.

Sturgeon has been clear that she wants a further referendum on independence for Scotland. Supporting the request by saying that Scotland should be allowed to remain part of the EU in the light of the UK’s departure. But Scotland appears to be facing unexpected resistance from an unforeseen opponent.

Spain has been hit particularly hard by the economic downturn in recent years, but remains a long-standing supporter of the Eurozone. But the nation has made its thoughts clear on a potentially independent Scotland mainlining its EU membership.

May’s clear message on Monday, that “now is not the time” for a further referendum on independence was applauded by the Spanish government. Enric Millo, the central government’s representative in the Catalan capital of Barcelona stated in an interview that ‘’both governments understand that a referendum isn’t the best way of resolving this kind of political dispute’’. With ongoing debate taking place in Spain as to whether the north-eastern region of Catalonia should hold a referendum on independence later this year. Discussions on Scottish independence has come at a particularly sensitive time for Spain.

Spain is proving to be a vital ally for May in negotiating post-Brexit deals with continental neighbours. Spain is a key player in easing the departure talks for May, as the country benefits from 18 million British tourists annually and invests £105 million a year into the UK economy. Equally, Scotland will be keen to get the nation onside, as Spain will play an essential role in its membership into the EU.

Clearly an unexpected opponent, Sturgeon may stand corrected if she thinks that a vote for an independent Scotland will mean a smooth entrance into the Eurozone. Spain’s Foreign Minister, Alfonso Dastis has been clear that Scotland, if granted independence will need to “join the queue” for consideration into the Euro. Dastis warned that if independent, Scotland may end up neither part of the UK nor of the EU, adding that independence does not automatically mean that Scotland will remain part of the EU just by virtue of no longer being part of the UK. Sturgeon may not have anticipated this level of resistance by Spain. Dastis went on to say that Scotland will “need to meet the requirements, go through the recognised negotiating system and the end result will be whatever those negotiations produce”. Scotland has clearly been reminded that it has no automatic right of entry into or right to remain within the EU if granted independence.

Scottish independence supporters would be right in questioning the reasons for riling the Mediterranean neighbour. With Spain discussing a potential referendum on Catalonia, the issue of independence is one much closer to home. Spain has seen civil unrest on issues surrounding the subject for decades as well as political upheaval being triggered by matters. The country was victim to the deadliest terrorist attack in Europe since the Lockerbie bombing when during the  al-Qaeda-inspired 2004 Madrid train bombings saw the then governing party, Partido Popular (‘PP’) accusing Basque separatist group, ETA (Euskadi Ta Askatasuna) of the attacks resulting in nationwide protests and demonstrations across the country.

Europe – How attitudes towards rape and sexual violence indicate an urgent need for change

A European Commission requested survey on gender-based violence in November 2016 revealed shocking details regarding attitudes to rape. Considering numerous topics surrounding gender-based violence, the survey gathered information concerning domestic violence, rape and sexual harassment.

Some of the most shocking findings outlined perceptions surrounding consent and rape. Conducted in all 28 EU member states and compiling the answers of 30,000 Europeans, the survey concluded that over 25 per cent of those questioned justified non-consensual sex in various circumstances. These scenarios included when drink and drug consumption was involved as well as “when wearing revealing, provocative or sexy clothing”. Most shockingly, those who undertook the survey considered sex without consent to be acceptable in these cases.   Whilst one in five (22 per cent) said that women often exaggerated or fabricated claims of abuse or rape.

But sexual violence and attitudes towards rape and consent are also topics of heated debate across the Atlantic where questions of rape culture on college campuses are prompting daily dialogue. Highly-publicised trials such as those of Brock Turner and what has been coined by the US media as the ‘Vanderbilt rape’ trial have caused national reaction. But studies have concluded that this attitude towards the justification of rape stem from factors such as fraternity affiliation, male peer support and low self-control amongst other things. It’s not particularly surprising that blasé, nonchalant attitudes to sexual violence and consent are surfacing.  Back in the UK an innovative stance was taken by Thames Valley Police in 2015 when the now viral ‘sexual consent and tea’ video propelled the issue into the media spotlight.  Whilst, the short film ‘Consent’ launched in 2004 still remains a stark reminder of the need for progression regarding the attitudes towards consent on US college campuses.

In response to the survey, the European Commission has announced a 2017 campaign to combat these misconceptions as well as provide further support for survivors. The announcement comes during the United Nations’ 16 days of Activism against Gender-based violence which started on 24 November.  

But this is all a stark reminder that many EU member states are still to ratify and implement the Istanbul Convention of 2014 which intended to highlight and tackle the issues of violence against women and domestic violence. Calls have been made by human rights campaigners that more must be done by European governments to ensure that awareness of the issue of consent and attitudes towards gender-based violence is made a high priority. Aside from revealing some shocking statistics the survey emphases the need for much more to be done to ensure that these misconceptions are challenged.