1 international standards on data protection & privacy artemi rallo lombarte director agencia...

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INTERNATIONAL STANDARDS

on data protection & privacy

Artemi Rallo LombarteArtemi Rallo LombarteDirectorDirectorAgencia Española de Protección de DatosAgencia Española de Protección de Datos

2www.privacyconference2009.org

There are different regional approaches to privacy and data protection all around the world:

Directive 95/46/EC OECD Guidelines on the Protection of Privacy APEC Privacy Framework Convention 108 of the Council of Europe…

It entails

State of Play

Less protection for

individuals

More complexity for

business

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The 30th International Conference of Data Protection and Privacy Commissioners adopted unanimously a draft resolution proposed by Switzerland and Spain that…

supports the efforts of the Council of Europe, and the action taken within OECD, APEC...;

mandates “the establishment of a working group (…), to draft and submit to its closed session a Joint Proposal for setting international standards on privacy and personal data protection”.

International Standards

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The adopted resolution also set the main criteria for the drafting process:

To elaborate a set of principles and rights aimed to achieve the maximum degree of international acceptance, ensuring at once a high level of protection.

To formulate the essential guarantees for better international transfers of data.

To examine the role of self-regulation. To obtain the broadest institutional and social

consensus.

Criteria to be followed

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Launched the drafting process Academics: Prf. Poullet, Benyekhlef, Cottier, Korff… DPA: CA, CH, CZ, DE, ES, FR, IE, NL, PT, SI, UK + EDPS Industry: Accenture, Google, Intel, ISO, Oracle… International Organizations: CoE, OECD, UE NGO: EDRi, FPF, Privacy International… Professional associations: EPON, IAPP Public bodies: FTC, DHS

Set up the major guidelines of the Joint Proposal and the working methodology

First step: Barcelona meeting

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The first version was structured in 6 parts

General provisions (purpose, definitions, scope)

Basic principles

Legitimacy for processing

Rights of the data subject

Security

Compliance and monitoring

1st Draft Version

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We have received reactions: DPAs

America: CA, MX, UYAsia: HKEurope: CH, CY, CZ, DE, ES, HR, IE, IT, PT + EDPS + UEOceania: AU, NZ

IndustryAccenture, Atradius, Bird & Bird, CIPP, Écija, FFW, Garrigues, HP-EDS, Hunton & Williams, Microsoft, Procter & Gamble…

Academics, Judges, NGOs…

1st Draft Version

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At this moment, we have just sent to the members of the Working Group a new draft version.

We look forward for receiving all your remarks, in order to include them in the third draft version, which will be discussed next 11 June in Bilbao.

The final draft should result of this meeting

2nd Draft Version

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To clarify the role of the Document…as a way for facilitating international data flows

To review the controller/processor notions

The “responsible person” decides on the existence of the processing.

To consider the definition of filing system…an obsolete concept?

To reduce bureaucratic requirements…that in practice do not improve data protection

Some Main Innovations

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To set an accountability principle…that imposes duties on the responsible person

To adapt the concept of sensitive data…because every country has a different culture

To promote international data transfers…if the recipient offers a similar level of protection to that provided by the International Standards

To inform individuals of security breaches

…when they could be seriously impaired

Some Main Innovations

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Some Main Innovations

To broaden the Supervisory Authority idea

…that, for instance, may be an arbitration institution or a consumer authority.

To enhance international co-operation…among supervisory authorities, including coordinated enforcement actions.

To encourage proactive measures…as a way for reducing liability in case of infraction

To analyze the relevant law…on the Internet age.

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The final draft proposal will be submitted to the 31st Privacy Conference, that is being organized by the Agencia.

If approved, the next step has to be defined: towards a binding instrument?

31st Privacy Conference

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