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CONFIDENTIAL CONFIDENTIAL//NOFORN SECRET SECRET//NOFORN UNCLASSIFIED UNCLASSIFIED//FOR OFFICIAL USE ONLY

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### Viewing cable 10BERLIN128, ACTION REQUEST: OVERCOMING GERMAN DOUBTS ON U.S.

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Reference ID | Date | Classification | Origin
--- | --- | --- | ---
10BERLIN128 | 2010-01-29 06:06 | CONFIDENTIAL | Embassy Berlin

`

    VZCZCXRO1007
    RR RUEHAG RUEHROV RUEHSL RUEHSR
    DE RUEHRL #0128/01 0290635
    ZNY CCCCC ZZH
    R 290635Z JAN 10
    FM AMEMBASSY BERLIN
    TO RUEHC/SECSTATE WASHDC 6411
    INFO RUCNMEM/EU MEMBER STATES COLLECTIVE
    RUCNFRG/FRG COLLECTIVE
    RUEATRS/DEPT OF TREASURY WASHINGTON DC
    RHMCSUU/FBI WASHINGTON DC
    RHEFHLC/HOMELAND SECURITY CENTER WASHINGTON DC
    RUCXONI/ONI WASHINGTON DC
    RHEHNSC/NSC WASHINGTON DC
    RUEAWJA/DEPT OF JUSTICE WASHINGTON DC
    RUCPDOC/DEPT OF COMMERCE WASHINGTON DC
    RUEAIIA/CIA WASHINGTON DC

` `

    C O N F I D E N T I A L SECTION 01 OF 02 BERLIN 000128

    SIPDIS

    STATE FOR EUR, S/CT, L

    E.O. 12958: DECL: 01/29/2020
    TAGS: PTER KTFN KCRM KHLS ECPS ECON PREL KPAO KTIA
    GM
    SUBJECT: ACTION REQUEST: OVERCOMING GERMAN DOUBTS ON U.S.
    DATA PRIVACY PRACTICES

    REF: A. STATE 8403
    ¶B. 2009 BERLIN 1528
    ¶C. 2009 BERLIN 1377
    ¶D. 2009 BERLIN 1167

    Classified By: Robert A. Pollard, Minister-Counselor for Economic Affai
    rs, for Reasons 1.4 (b,d).

    ¶1. (U) This is an action request.

    ¶2. (C) Embassy Berlin strongly recommends that the Washington
    Terrorist Finance Tracking Program (TFTP) and data privacy
    experts currently scheduled to visit Brussels next week also
    visit Berlin to discuss TFTP and U.S. data privacy policy
    with German officials. Germany is critical to the debate on
    data protection issues within the EU and we need to engage
    German government interlocutors, parliamentarians and opinion
    makers. The exaggerated data privacy views of the current
    minority governing partner, the Free Democratic Party (FDP),
    have contributed to a domestic discussion that distorts U.S.
    policy and is negatively-influencing the European debate.
    Embassy believes we will be most successful if we address
    German data privacy concerns in a comprehensive way,
    including various information sharing programs such as
    HSPD-6, TFTP, and Passenger Name Records.

    ¶3. (C) Germany has become a difficult partner with regards to
    security-related information sharing initiatives following
    the September 27 national elections, which brought the FDP
    into the governing coalition. The FDP sees themselves as
    defenders of citizens' privacy rights and these views have
    led the FDP to oppose many of Germany's post-9/11
    counterterrorism legislative proposals (see reftels). At
    times, the FDP's fixation on data privacy and protection
    issues looks to have come at the expense of the party forming
    responsible views on counterterrorism policy.

    ¶4. (C) Over the past months, Ambassador Murphy, the DCM, and
    other embassy staff have engaged German government
    interlocutors, influential parliamentarians and law
    enforcement officials to stress the importance of
    security-related information sharing initiatives such as
    TFTP. However, in these meetings, our German counterparts
    consistently raise concerns about U.S. data protection
    measures and policy. Furthermore, the German views often
    distort and misrepresent U.S. policy. For example, current
    Federal Justice Minister Sabine Leutheusser-Schnarrenberger
    (FDP) - who has considerable influence - is particularly
    outspoken and does not appear to have (or perhaps want) an
    informed view of USG data privacy practices. It is critical
    that we aggressively and vocally counter these
    misrepresentations of U.S. policy.

    ¶5. (C) Embassy staff raised the prospect of an inter-agency
    experts group visiting Berlin with xxxxx.
    xxxxx who is a strong supporter of close U.S.-German
    counterterrorism cooperation and information sharing,
    welcomed the proposal and believed that skeptics of U.S.
    policy in other ministries and Bundestag parliamentarians
    would benefit from a comprehensive and factual discussion of
    the details of U.S. data protection policy.

    ¶6. (C) In addition to our request that the Treasury visitors
    to Brussels add a Berlin-stop, we strongly recommend that an
    inter-agency data privacy experts delegation visit Berlin to
    discuss overall U.S. data privacy policy with German
    officials. The FDP returned to power after a ten-year foray
    in the opposition and key leaders lack experience in the
    practical matters of tackling real-world security issues in
    the Internet age. In our meetings we have made the point
    that countering terrorism in a globalized world, where
    terrorists and their supporters use open borders and
    information technology to quickly move people and financing,
    requires robust international data sharing. We need to also

    BERLIN 00000128 002 of 002

    demonstrate that the U.S. has strong data privacy measures in
    place so that robust data sharing comes with robust data
    protections.
    Murphy

`