gathering methods such as closed circuit TV, biometric identity cards and retention of communication data must be reconciled with individual rights, Clarke said. "Every intelligence question is a civil liberty question...they are two sides of the same coin," he admitted. But he added that policymakers had a duty to be proportionate when trying to strike a balance between these two imperatives. Clarke insisted there was a "hierarchy" of civil rights, saying questions like the right to a free trial and to go to work freely were more vital than fears of infringement of privacy through use of surveillance cameras. "My request is when you make judgments, look at civil liberties on the one hand and set that against the responsibility to protect people," he urged. E.U. justice affairs chief Franco Frattini said "security is a pre-condition to enjoying fundamental rights." The European Parliament is demanding that it must approve any decision on data storage. However, Clarke sidestepped the issue, saying the "substance" of a deal was more important than its legal basis.
