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Personal data protection in e-commerce and other services provided by means of new technologies

Security and legality of information – main problem of information society. Personal data protection in e-commerce and other services provided by means of new technologies. The Bureau of the Inspector General for Personal Data P rotection Andrzej Kaczmarek e-mail: A_Kaczmarek@giodo.gov.pl.

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Personal data protection in e-commerce and other services provided by means of new technologies

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  1. Security and legality of information – main problem of information society Personal data protection in e-commerce and other services provided by means of new technologies The Bureau of the Inspector General for Personal Data Protection Andrzej Kaczmarek e-mail: A_Kaczmarek@giodo.gov.pl InfoBalt 2002

  2. Security and legality of information – main problem of information society Personal data protection in e-commerce and other services provided by means of new technologies • The threat of data violation in electronic information systems • The use of information systems as a key for new economy • International legal solutions concerning automatic data processing • Legal solutions concerning the usage of information systems in Poland • Conclusions InfoBalt 2002

  3. Security and legality of information – main problem of information society The threat of data violation in electronic information systems • A possibility to use large information files • A possibility to access distributed information, located in various points in the country or in other places around the world (data transfer by publicly available network) • High speed and diversity of processing • A possibility to execute sophisticated operations • A possibility to create knowledge (artificial intelligence systems, data mining systems) InfoBalt 2002

  4. Security and legality of information – main problem of information society The use of information systems as a key for new economy • Communication (advertising, easy way of information exchange) • Concluding a contract (B2B, B2C, C2C) • Contract realisation • Making accessible of information (commercial information services) • Product delivery (data, software, music, teleworking) • - Payment (e-banking, e-money, other solutions) InfoBalt 2002

  5. Security and legality of information – main problem of information society International legal solutions concerning automatic data processing • Convention for the protection of individuals with regard to automatic processing of personal data ETS no.: 108 of 28 January 1981 • The Resolution 45/95 adopted by the UN General Assembly on 14 December 1990 (Guidelines for the regulation of computerised personal data files) • OECD Guidelines of 23 September 1980 governing the protection of privacy and transborder flows of personal data • Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 (protection of individuals with regard to the processing of personal data and on the free movement of such data) • Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 (Directive on privacy and electronic communications) InfoBalt 2002

  6. Security and legality of information – main problem of information society Legal solutions concerning the usage and development of information systems in Poland • The Act on the protection of personal data of 29 August 1997 (last amendment from 25 August 2001) • The Act „Telecommunication Law” of 21 July 2000 (amendment in preparation) • The Act on digital signature of 18 September 2001(in force from 16 August 2002) • The Act on providing services by electronic means of 18 July 2002 (will enter into force on 10 March2003) InfoBalt 2002

  7. Security and legality of information – main problem of information society The Act on providing services by electronic means of 18 July 2002 • The obligations of service provider connected with providing services by electronic means • The principle of excluding provider’s responsibility arising from providing services by electronic means • The principles of the protection of personal data of natural person using the services provided by electronic means The main regulation: • Spamming problem – by adopting „Opt-in” option • The way of processing personal data by electronic means (Internet) • The obligation of subjects providing services by electronic means (principles for creating www sites: – necessary content, prohibited tools and practices) InfoBalt 2002

  8. Security and legality of information – main problem of information society Electronic signature Companies ready to offer certificate services in Poland • Centrum (Unizeto Sp. z o.o.) – a subject which has provided certificate services for ZUS (Social Insurance Office) • KIR (Krajowa Izba Rozliczeniowa) – National Chamber of Settlements – a subjest providing certificate services for the banking sector • PolCert (E-Telbank Sp. z o.o.) – a subject providing certificate services for users connected with the banking sector • Sigillum (Polska Wytwórnia Papierów Wartościowych – Polish Securities Printing Works) – a subject providing services for users from the public sector (institutional users) • Signet (TP Internet Sp. z o.o.) – a subject connected with telecommunication sector. • CENTRASTS.A. – a subject apppointed by the Minister of Economy to fulfil the function of Centrum Authority (CA) InfoBalt 2002

  9. Centrum (Unizeto Sp. z o.o.) – a subject which has provided certificate services for ZUS (Social Insurance Office) InfoBalt 2002

  10. Centrum (Unizeto Sp. z o.o.) – a subject which has provided certificate services for ZUS (Social Insurance Office) InfoBalt 2002

  11. KIR (Krajowa Izba Rozliczeniowa) – National Chamber of Settlements – a subjest providing certificate services for the banking sector InfoBalt 2002

  12. KIR (Krajowa Izba Rozliczeniowa) – National Chamber of Settlements – a subjest providing certificate services for the banking sector InfoBalt 2002

  13. PolCert (E-Telbank Sp. z o.o.) – a subject providing certificate services for users connected with the banking sector InfoBalt 2002

  14. Sigillum (Polska Wytwórnia Papierów Wartościowych – Polish Securities Printing Works) – a subject providing services for users from the public sector (institutional users) InfoBalt 2002

  15. Signet (TP Internet Sp. z o.o.) – a subject connected with telecommunication sector. InfoBalt 2002

  16. Signet (TP Internet Sp. z o.o.) – a subject connected with telecommunication sector. InfoBalt 2002

  17. CENTRASTS.A. – a subject apppointed by the Minister of Economy to fulfil the function of Centrum Authority (CA) InfoBalt 2002

  18. Security and legality of information – main problem of information society Conclusions The full implementation of legally necessary requirements need: • Good knowledge of law and new technology • Financial resources • Proper time for study and implementation • Good will of subjects which will apply these acts in practice • Good quality of telecommunication network • User friendly applications and tools • Education in a field of using new technology • Proper audit power InfoBalt 2002

  19. Security and legality of information – main problem of information society Thank you for attention Questions ? The Bureau of the Inspector General for Personal Data Protection Andrzej Kaczmarek e-mail: A_Kaczmarek@giodo.gov.pl InfoBalt 2002

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