public voice symposium, wroclaw, 13 sept. 2004 1 best practices for dpa’s: the citizens...
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Public Voice Symposium, Wroclaw, 13 Sept. 2004
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BestBest Practices for Practices for DPA’s: The Citizens DPA’s: The Citizens
PerspectivePerspective
Karel NeuwirtKarel NeuwirtThe Office for The Office for Personal Data Personal Data
ProtectionProtection
Czech RepublicCzech Republic
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The rights of men must be held The rights of men must be held sacred,sacred,
however much sacrifice it may however much sacrifice it may costcost
the ruling power.the ruling power.
Immanuel KantImmanuel KantPerpetual Peace, 1795Perpetual Peace, 1795
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History of PrivacyHistory of Privacy The Bible has numerous references to The Bible has numerous references to
privacyprivacy 1361 – the Justice of the Peace Act 1361 – the Justice of the Peace Act
(England)(England) 1776 – Access to Public Record 1776 – Access to Public Record
(Sweden)(Sweden) 1858 – prohibition the publication of 1858 – prohibition the publication of
private facts (France)private facts (France) 1889 – prohibition the publication of 1889 – prohibition the publication of
information relating to “personal or information relating to “personal or domestic affairs” (Norway)domestic affairs” (Norway)
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HistoryHistory
Interest in the right of privacy Interest in the right of privacy increased in the 1960s and 1970s increased in the 1960s and 1970s – advent of information – advent of information technologytechnology
Land of Hesse (Germany 1970 Land of Hesse (Germany 1970 Land LawLand Law) – the first data ) – the first data protection law in the worldprotection law in the world
Sweden (1973), Germany (1977Sweden (1973), Germany (1977 FederalFederal LawLaw), France (1978)), France (1978)
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U.S.U.S.
First legal concept - 1890First legal concept - 1890
The Right to PrivacyThe Right to Privacy
Samuel Warren and Louis Samuel Warren and Louis BrandeisBrandeis
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DP bodiesDP bodies European Parliament and the European Parliament and the
CouncilCouncil Council of EuropeCouncil of Europe European CommissionEuropean Commission OECDOECD EU Data Protection Supervizor EU Data Protection Supervizor Data Protection Authorities Data Protection Authorities National governmental institutionsNational governmental institutions Private bodies (PI, EPON, EPOF, …)Private bodies (PI, EPON, EPOF, …) …………..
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Data protectionData protection DP reflects privacy respect and DP reflects privacy respect and
protection in societyprotection in society Different DP inDifferent DP in
Traditional democratic Traditional democratic countriescountries
Post-totalitarian countriesPost-totalitarian countriesDevelopment countriesDevelopment countriesTotalitarian countriesTotalitarian countries
George Orwell – “1984” (1948) George Orwell – “1984” (1948)
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Post-totalitarianPost-totalitarian
Human rights only in “paper” formHuman rights only in “paper” form No privacy respect long time No privacy respect long time Human rights and freedoms only Human rights and freedoms only
declared, not respecteddeclared, not respected General resignation to human General resignation to human
rights (institutions, politicians, rights (institutions, politicians, citizens)citizens)
Long time of inertiaLong time of inertia
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ConsequencesConsequences
Change legislationChange legislation Change habitsChange habits Change practiceChange practice
Change thinkingChange thinking
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World legal documents helpWorld legal documents help
European Human Right Convention European Human Right Convention
Convention 108 (and Additional Convention 108 (and Additional Protocol)Protocol)
Directives (95/46/EC, 2002/58/EC, Directives (95/46/EC, 2002/58/EC, …)…)
CoE’s Recommendations CoE’s Recommendations
other legal instruments (EU, OECD, other legal instruments (EU, OECD, U.S., private associations, …)U.S., private associations, …)
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DP authoritiesDP authorities
CompetencesCompetences Independent statusIndependent status BudgetBudget StaffStaff
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Legal competencesLegal competences
Investigation of controllersInvestigation of controllers Impose measuresImpose measures Impose sanctionsImpose sanctions Issue own application Issue own application
decisionsdecisions Influence to legislationInfluence to legislation
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Independent statusIndependent status
Difficult to reach Difficult to reach independency on the independency on the government in post-government in post-totalitarian countries totalitarian countries
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Additional worksAdditional works
Popularization of DP principlesPopularization of DP principles Contacts with mass mediaContacts with mass media Consultations provided to Consultations provided to
citizens and controllers, or other citizens and controllers, or other who process data who process data
Educative roleEducative role DPA to DPA to citizenscitizens public bodiespublic bodies private sector institutionsprivate sector institutions
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Contacts with mass Contacts with mass mediamedia
Information shared by mass Information shared by mass media have a specific media have a specific influence effect – it is well influence effect – it is well acceptedaccepted
Citizens’ positive reactionsCitizens’ positive reactions Broad impact Broad impact
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ConsultationsConsultations
By different manners – By different manners –
personal contacts, personal contacts,
correspondence (correspondence (anany forms),y forms),
Meetings, seminars, lectures, Meetings, seminars, lectures, workshops,workshops,
ConferencesConferences
Some problems – Free of charge ?Some problems – Free of charge ?
Misinterpretation ? Ethical conflicts ?Misinterpretation ? Ethical conflicts ?
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Educative role of DPAEducative role of DPA
Education as effective tool of Education as effective tool of enforcement data protection enforcement data protection principlesprinciples
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EducationEducation Effective campaigns inEffective campaigns in
cooperationcooperation with with
citizens,citizens,
controllers, processorscontrollers, processors
work inwork in public and private public and private sectorssectors
BENEFIT TO DATA SUBJECTSBENEFIT TO DATA SUBJECTS
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SupervisionSupervision
Independent supervisory body – Independent supervisory body –
The Office for Personal Data ProtectionThe Office for Personal Data Protection Independency on the Government – the Independency on the Government – the
president and 7 inspectors are president and 7 inspectors are appointed by the President of the CR on appointed by the President of the CR on the Senate proposalthe Senate proposal
Separate budget (independent on some Separate budget (independent on some ministry)ministry)
Tasks given by law only, not by the Gov. Tasks given by law only, not by the Gov.
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SanctionsSanctions
The Office competency to give fines The Office competency to give fines and sanctionsand sanctions
Fines up to EUR 312 000 (resp. EUR Fines up to EUR 312 000 (resp. EUR 630 000)630 000)
Sanctions to individuals up to EUR 1 Sanctions to individuals up to EUR 1 500500
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Thank you for your Thank you for your attentionattention
• The Office for Personal Data The Office for Personal Data ProtectionProtection
Pplk. Sochora Pplk. Sochora 2277, CZ-1, CZ-1770 00 0 00 Prague Prague 77
Czech RepublicCzech Republic
tel.: +420 2tel.: +420 234 665 44234 665 442
fax: +420 2fax: +420 234 665 51234 665 512
[email protected]@uoou.cz
http://http://www.uoou.czwww.uoou.cz