VZCZCXRO5127
RR RUEHAG RUEHROV RUEHSL RUEHSR
DE RUEHVI #0130/01 0341141
ZNY CCCCC ZZH
R 031141Z FEB 10
FM AMEMBASSY VIENNA
TO RUEAWJA/DEPT OF JUSTICE WASHDC
RUEATRS/DEPT OF TREASURY WASHDC
RUEAHLC/HOMELAND SECURITY CENTER WASHINGTON DC
RUCPDOC/DEPT OF COMMERCE WASHDC
RUEHC/SECSTATE WASHDC 4124
INFO RUCNMEM/EU MEMBER STATES COLLECTIVE

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