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A European View of Privacy Protection

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.

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A European View of Privacy Protection

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  1. 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

  2. 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

  3. 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

  4. 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

  5. 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

  6. The European approach to information privacy • Personal data shall be • processed fairly and lawfully • processed only for specified, lawful and compatible purposes • adequate, relevant and not excessive • accurate and up to date • kept for no longer than necessary • processed in accordance with the rights of data subjects • kept secure • transferred outside the EU only if there is adequate protection • General law to protect personal data: • set of principles • rules for processing (including transfer overseas) • rights for individuals • legal remedies • independent supervision • enforcement mechanism

  7. 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

  8. 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 Access Correction, blocking, deletion, destruction Preventing processing and automated decisions Compensation

  9. The European approach to information privacy • General law to protect personal data • Underpins the approach to information privacy across all sectors

  10. The European approach to information privacy • General law to protect personal data • Underpins the approach to information privacy across all sectors Business Commerce Finance Marketing Employment Taxation Social security Health Police Criminal Justice

  11. 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

  12. 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

  13. 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

  14. 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 self-regulation private right of action commercial free speech issue Information privacy protection

  15. 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?

  16. European approach - relevance to the US • Globalisation • International cooperation • EU restriction on transfers of data • adequacy of protection • safe harbors?

  17. The SEARCH Task Force • Benefits from: • mix of interests • privacy advocates • privacy regulators • international participation • A different perspective on the issues

  18. Why does Europe not want to exchange records with the US?

  19. 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

  20. “This is a free country, madam. We have a right to share your privacy in a public place.” Peter Ustinov Not under European law!

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