close

Вход

Забыли?

вход по аккаунту

?

A European View of Privacy Protection

код для вставкиСкачать
National Conference on Privacy, Technology & Criminal Justice
Information
Washington D.C. 31 May - 1 June 2000
A European View of Privacy
Protection
John Woulds
Director of Operations
UK Data Protection Commissioner
A European View of Privacy
Protection
• Information privacy - the European
approach
• Some criminal justice case studies
• Relevance to the US
• The SEARCH Task Force
• Conclusion
The view from Manchester
• The UK Data
Protection
Commissioner :
– is a statutory
regulatory body
– deals with
information privacy
– covers both public
and private sectors
– is based near
Manchester UK
The view from Manchester
• The UK Data
Protection
Commissioner :
– is a statutory
regulatory body
– deals with
information privacy
– covers public and
private sectors
– is based near
Manchester UK
• Wilmslow
• London
The European approach to
information privacy
• General law to protect personal data:
– set of principles
– rules for processing (including transfer
overseas)
– rights for individuals
– legal remedies
– independent supervision
– enforcement mechanism
The European approach to
information privacy
Personal
data shalldata:
be
• General law to protect
personal
–
–
–
–
–
–
•processed fairly and lawfully
set of principles
•processed only for specified,
and compatible
purposes
rules for processing lawful
(including
transfer
•adequate, relevant and not
overseas)
excessive
rights for individuals •accurate and up to date
•kept for no longer than
legal remedies
necessary
independent supervision
•processed in accordance with
the rights of data subjects
enforcement mechanism
•kept secure
•transferred outside the EU only
if there is adequate protection
The European approach to
information privacy
• General law to protect personal data:
– set of principles
– rules for processing (including transfer
overseas)
– rights for individuals
– legal remedies
– independent supervision
– enforcement mechanism
The European approach to
information privacy
• General law to protect personal data:
– set of principles
– rules for processing (including transfer
overseas)
Access
– rights for individuals Correction, blocking,
deletion, destruction
– legal remedies
Preventing processing
– independent supervision
and automated
– enforcement mechanism
decisions
Compensation
The European approach to
information privacy
• General law to protect personal data
• Underpins the approach to
information privacy across all sectors
The European approach to
information privacy
• General law to protect personal data
• Underpins the approach to
information privacy across all sectors
Business
Taxation
Commerce
Social security
Finance
Health
Marketing
Police
Employment
Criminal Justice
The European approach to
information privacy
• The EU Data Protection Directive:
– applies to processing of personal data
– establishes individual rights and legal
remedies
– sets out rules for legitimacy of
processing, transfers to third countries,
data quality, confidentiality and security
– requires independent supervision
Balancing rights
• Individual’s rights:
– to private life
– to know
– to freedom of expression
• Rights of others (other individuals,
business, the state)
• Interests of society
Privacy and criminal justice - case
studies
•
•
•
•
•
•
Retention of criminal records
Disclosures to the media
Accuracy of criminal records
HIV warning signals
DNA database
AFR fingerprint database
Information privacy protection
• Europe
– omnibus law
– harmonisation
across the EU
– sector specific
codes
– powerful
supervisory
authority
– human rights issue
• US
– sector specific law
– federal and state
initiatives
– industry selfregulation
– private right of
action
– commercial free
speech issue
The practical questions
•
•
•
•
•
What level of protection can I expect?
How can I find out?
Do I have any choice?
Can I secure change?
What remedies do I have?
• Can I safeguard my private life?
European approach - relevance to
the US
• Globalisation
• International cooperation
• EU restriction on transfers of data
– adequacy of protection
– safe harbors?
The SEARCH Task Force
• Benefits from:
–
–
–
–
mix of interests
privacy advocates
privacy regulators
international participation
• A different perspective on the issues
Why does Europe not want to
exchange records with the US?
Why does Europe not want to
exchange records with the US?
“This is a free country, madam. We
have a right to share your privacy in a
public place.”
Peter Ustinov
“This is a free country, madam. We
have a right to share your privacy in a
public place.”
Peter Ustinov
Not under European law!
Документ
Категория
Презентации
Просмотров
7
Размер файла
102 Кб
Теги
1/--страниц
Пожаловаться на содержимое документа