Thursday, April 27, 2006
Monday, April 24, 2006
In the meantime, it will be worth reading the Data Retention Directive. At first glance, the Directive should be implemented by 15 September 2007 (Article 15). The application of the Directive to the retention of communications data relating to internet access, internet telephony and email can be postponed by each member state until 15 March 2009. Art. 15(3) provides as follows:
Until 15 March 2009, each Member State may postpone application of this Directive to the retention of communications data relating to Internet Access, Internet telephony and Internet e-mail. Any Member State that intends to make use of this paragraph shall, upon adoption of this Directive, notify the Council and the Commission to that effect by way of a declaration. The declaration shall be published in the Official Journal of the European Union.
- Art. 29 Working Party Opinion 3/2006 on the Directive 2006/24/EC of the European Parliament and of the Council on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC (pdf)
Saturday, April 22, 2006
We should not forget that privacy is not absolute and the law (Art. 8 of the European Convention of Human Rights) provides for exceptions to the protection of privacy. Has technology eroded privacy? To a greater extent - examples I can think of include RFIDs; mobile phones which have a camera facility as well as a possibility of revealing the location of individuals; computer databases of individual profiles etc. One book worth reading is Daniel Solove's book entitled The Digital Person. Technology has moved on in great strides with legislation trailing behind. In any case, I'm not entirely convinced that legislation is necessarily the best approach to deal with the protection of privacy. In other words, let technology deal with technological problems. For example, if you find spyware on your computer, you use software to remove it. Laurence Lessig's book on Code and other laws of cyberspace is also another book worth reading!
Privacy Crisis Ahead?
Investing enough in data protection to strengthen and defend your reputation
July 3-5th, 2006, St. John's College, Cambridge, UK
Programme is available at www.privacylaws.com/pdfs/annualconference/ac19programme.doc
As I will be unable to attend, anyone who attends, let me know how it goes.
Monday, April 17, 2006
Wednesday, April 12, 2006
With increasing amounts of business being conducted online, data protection is ever more important, the DTI said. While most large organisations have adopted best practices regarding network and data protection, small companies have not. Fewer than a third of them encrypted the data they received.
For more details see:
Tuesday, April 11, 2006
Therefore, the Art. 29 Working Party proposes a uniform, European-wide implementation of the Directive. This approach should guarantee a harmonized application of the provisions of the Directive whilst respecting the highest level possible of protecting personal data. This should also be done with a view to reducing the considerable costs to be borne by the service providers when complying with the provisions of the Directive. In order to transpose the provisions of the Directive in a uniform way and to comply with the requirements of Article 8 of the European Convention on Human Rights, Member States should implement adequate and specific safeguards.
- Opinion of the European Economic and Social Committee on the Proposal for a Directive of the European Parliament and of the Council on the retention of data processed in connection with the provision of public electronic communication services and amending Directive 2002/58/EC (COM(2005) 438 final — 2005/0182 (COD))