A European View of Privacy Protection John Woulds Director of Operations UK Data Protection Commissioner National Conference on Privacy, Technology & Criminal Justice Information Washington D.C. 31 May - 1 June 2000

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

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

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

The view from Manchester Member of the Task Force on Privacy and Criminal Justice Information Experience with: –general law on information privacy –its application in the criminal justice sphere –a proactive supervisory role –the European approach

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

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 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

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

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

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

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

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

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

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

Information privacy protection 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

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?

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

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

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

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