Public Voice Symposium, Wroclaw, 13 Sept Best Practices for DPA’s: The Citizens Perspective Karel Neuwirt The Office for Personal Data Protection Czech Republic

2 Public Voice Symposium, Wroclaw, 13 Sept. 2004\ The rights of men must be held sacred, however much sacrifice it may cost the ruling power. Immanuel Kant Perpetual Peace, 1795

3 Public Voice Symposium, Wroclaw, 13 Sept History of Privacy The Bible has numerous references to privacy The Bible has numerous references to privacy 1361 – the Justice of the Peace Act (England) 1361 – the Justice of the Peace Act (England) 1776 – Access to Public Record (Sweden) 1776 – Access to Public Record (Sweden) 1858 – prohibition the publication of private facts (France) 1858 – prohibition the publication of private facts (France) 1889 – prohibition the publication of information relating to “personal or domestic affairs” (Norway) 1889 – prohibition the publication of information relating to “personal or domestic affairs” (Norway)

4 Public Voice Symposium, Wroclaw, 13 Sept History Interest in the right of privacy increased in the 1960s and 1970s – advent of information technology Interest in the right of privacy increased in the 1960s and 1970s – advent of information technology Land of Hesse (Germany 1970 Land Law ) – the first data protection law in the world Land of Hesse (Germany 1970 Land Law ) – the first data protection law in the world Sweden (1973), Germany (1977 Federal Law ), France (1978) Sweden (1973), Germany (1977 Federal Law ), France (1978)

5 Public Voice Symposium, Wroclaw, 13 Sept U.S. First legal concept The Right to Privacy Samuel Warren and Louis Brandeis

6 Public Voice Symposium, Wroclaw, 13 Sept DP bodies European Parliament and the Council European Parliament and the Council Council of Europe Council of Europe European Commission European Commission OECD OECD EU Data Protection Supervizor EU Data Protection Supervizor Data Protection Authorities Data Protection Authorities National governmental institutions National governmental institutions Private bodies (PI, EPON, EPOF, …) Private bodies (PI, EPON, EPOF, …) ……. …….

7 Public Voice Symposium, Wroclaw, 13 Sept Data protection DP reflects privacy respect and protection in society DP reflects privacy respect and protection in society Different DP in Different DP in Traditional democratic countries Traditional democratic countries Post-totalitarian countries Post-totalitarian countries Development countries Development countries Totalitarian countries Totalitarian countries George Orwell – “1984” (1948) George Orwell – “1984” (1948)

8 Public Voice Symposium, Wroclaw, 13 Sept Post-totalitarian Human rights only in “paper” form Human rights only in “paper” form No privacy respect long time No privacy respect long time Human rights and freedoms only declared, not respected Human rights and freedoms only declared, not respected General resignation to human rights (institutions, politicians, citizens) General resignation to human rights (institutions, politicians, citizens) Long time of inertia Long time of inertia

9 Public Voice Symposium, Wroclaw, 13 Sept Consequences Change legislation Change legislation Change habits Change habits Change practice Change practice Change thinking Change thinking

10 Public Voice Symposium, Wroclaw, 13 Sept World legal documents help European Human Right Convention Convention 108 (and Additional Protocol) Directives (95/46/EC, 2002/58/EC, …) CoE’s Recommendations other legal instruments (EU, OECD, U.S., private associations, …)

11 Public Voice Symposium, Wroclaw, 13 Sept DP authorities Competences Competences Independent status Independent status Budget Budget Staff Staff

12 Public Voice Symposium, Wroclaw, 13 Sept Legal competences Investigation of controllers Investigation of controllers Impose measures Impose measures Impose sanctions Impose sanctions Issue own application decisions Issue own application decisions Influence to legislation Influence to legislation

13 Public Voice Symposium, Wroclaw, 13 Sept Independent status Difficult to reach independency on the government in post-totalitarian countries Difficult to reach independency on the government in post-totalitarian countries

14 Public Voice Symposium, Wroclaw, 13 Sept Additional works Popularization of DP principles Popularization of DP principles Contacts with mass media Contacts with mass media Consultations provided to citizens and controllers, or other who process data Consultations provided to citizens and controllers, or other who process data Educative role DPA to Educative role DPA to citizens citizens public bodies public bodies private sector institutions private sector institutions

15 Public Voice Symposium, Wroclaw, 13 Sept Contacts with mass media Information shared by mass media have a specific influence effect – it is well accepted Information shared by mass media have a specific influence effect – it is well accepted Citizens’ positive reactions Citizens’ positive reactions Broad impact Broad impact

16 Public Voice Symposium, Wroclaw, 13 Sept Consultations By different manners – personal contacts, correspondence (any forms), Meetings, seminars, lectures, workshops, Conferences Some problems – Free of charge ? Misinterpretation ? Ethical conflicts ?

17 Public Voice Symposium, Wroclaw, 13 Sept Educative role of DPA Education as effective tool of enforcement data protection principles Education as effective tool of enforcement data protection principles

18 Public Voice Symposium, Wroclaw, 13 Sept Education Effective campaigns in Effective campaigns in cooperation with citizens, controllers, processors work in public and private sectors BENEFIT TO DATA SUBJECTS BENEFIT TO DATA SUBJECTS

19 Public Voice Symposium, Wroclaw, 13 Sept. 2004

20 Public Voice Symposium, Wroclaw, 13 Sept. 2004

21 Public Voice Symposium, Wroclaw, 13 Sept Supervision Independent supervisory body – Independent supervisory body – The Office for Personal Data Protection Independency on the Government – the president and 7 inspectors are appointed by the President of the CR on the Senate proposal Independency on the Government – the president and 7 inspectors are appointed by the President of the CR on the Senate proposal Separate budget (independent on some ministry) Separate budget (independent on some ministry) Tasks given by law only, not by the Gov. Tasks given by law only, not by the Gov.

22 Public Voice Symposium, Wroclaw, 13 Sept Sanctions The Office competency to give fines and sanctions The Office competency to give fines and sanctions Fines up to EUR (resp. EUR ) Fines up to EUR (resp. EUR ) Sanctions to individuals up to EUR Sanctions to individuals up to EUR 1 500

23 Public Voice Symposium, Wroclaw, 13 Sept Thank you for your attention The Office for Personal Data ProtectionThe Office for Personal Data Protection Pplk. Sochora 27, CZ Prague 7 Pplk. Sochora 27, CZ Prague 7 Czech Republic Czech Republic tel.: tel.: fax: fax: