Privacy and Data Protection in e-Communications Sector Legislation, Codes of Practice and Standards Privacy and Data Protection in e-Communications Sector Legislation, Codes of Practice and Standards LEFIS Working Group “Quality” Meeting © 2006 Desislava Krysteva LEX.BG The Bulgarian Law Portal – LEX.BG

Speaker Desislava Krysteva LEX.BG PLC The Bulgarian Law Portal, © 2006 Desislava KrystevaLEX.BG

Introducing new advanced technologies in the public communication networks Introducing new advanced technologies in the public communication networks Providing new electronic communication services Providing new electronic communication services Providing new added value services based on personal data processing and optimal use of the potential of the existing personal data bases Providing new added value services based on personal data processing and optimal use of the potential of the existing personal data bases Rising of new requirements concerning personal data protection of users Rising of new requirements concerning personal data protection of users Increasing quality of the e-communication services and quality of the life standard Increasing quality of the e-communication services and quality of the life standard The trust of the data subjects in the procedures for the personal data protection The trust of the data subjects in the procedures for the personal data protection Assuring the privacy of the data subjects Assuring the privacy of the data subjects Communication Technologies and Protection of Personal Data © 2006 Desislava KrystevaLEX.BG Main Measures The adoption of an adequate personal data protection regulation The adoption of an adequate personal data protection regulation The harmonization of the personal data protection and privacy in the electronic communication sector regulation The harmonization of the personal data protection and privacy in the electronic communication sector regulation

Security and quality of the e-Communication servicesSecurity and quality of the e-Communication services Bringing trust to the users in the services providedBringing trust to the users in the services provided Processing of personal data for the benefit of the data subjectProcessing of personal data for the benefit of the data subject Personal data and direct marketing in the e- communications sectorPersonal data and direct marketing in the e- communications sector The PDP Legislation and the Development of the e-Communications Sector © 2006 Desislava KrystevaLEX.BG Balance of the risks and benefits of personal data processing

EU Legal FrameworkEU Legal Framework  Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector  Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data Transposition of the Directive 2002/58/EC – approachesTransposition of the Directive 2002/58/EC – approaches  Electronic Communications Acts  Special Privacy and Personal Data Protection in e- Communications sector Acts (Finland and Greece)  Privacy and e-Communications Regulations 2003 (UK) Transposition of the EU Legal Framework into Bulgarian lawTransposition of the EU Legal Framework into Bulgarian law Harmonization of the PDP Legislation © 2006 Desislava KrystevaLEX.BG

Traffic data - data processed for the purpose of the conveyance of a communication on an electronic communications network or for the billing thereof Traffic data - data processed for the purpose of the conveyance of a communication on an electronic communications network or for the billing thereof Location data - data processed in an electronic communications network, indicating the geographic position of the terminal equipment of a user of a publicly available electronic communications serviceLocation data - data processed in an electronic communications network, indicating the geographic position of the terminal equipment of a user of a publicly available electronic communications service Identification data - data which can be associated with a subscriber or user and which is processed in communications networks for the purposes of transmitting, distributing or providing messages (Act on the Protection of Privacy in Electronic Communications – Finland, 2004)Identification data - data which can be associated with a subscriber or user and which is processed in communications networks for the purposes of transmitting, distributing or providing messages (Act on the Protection of Privacy in Electronic Communications – Finland, 2004) Traffic Data, Location Data, Identification Data Different Regulation Regimes © 2006 Desislava KrystevaLEX.BG

Transfer of personal data to third parties and the “adequate level of protection” according to the national law of the third party Transfer of personal data to third parties and the “adequate level of protection” according to the national law of the third party Use of personal data for providing of value-added services in the e-communications sector Use of personal data for providing of value-added services in the e-communications sector Marketing lists and direct marketing in the e- communications sector Marketing lists and direct marketing in the e- communications sector Processing of personal data obtained from subscriber directories and telephone directories Processing of personal data obtained from subscriber directories and telephone directories Processing of personal data obtained from publicly available official registers Processing of personal data obtained from publicly available official registers Technical requirements for ensuring the security and confidentiality of the processed data Technical requirements for ensuring the security and confidentiality of the processed data PDP Legislation – Problems and Legal Loopholes © 2006 Desislava KrystevaLEX.BG

Why the personal data have to be protected Why the personal data have to be protected Why the personal data have to be processed Why the personal data have to be processed The right of information about the controller, the processor, the purposes and the period of processing The right of information about the controller, the processor, the purposes and the period of processing The prior consent of the data subject and the access to the e-communications services The prior consent of the data subject and the access to the e-communications services The right to rectify the incorrect data The right to rectify the incorrect data The right to opt-out the data from the marketing lists – free and at any time The right to opt-out the data from the marketing lists – free and at any time Rights and Prior Informed Consent of the Data Subjects. Opt-out Regimes © 2006 Desislava KrystevaLEX.BG

Necessity of adoption and implementation of Personal Data Protection in the e-Communications Sector Codes of Practice Necessity of adoption and implementation of Personal Data Protection in the e-Communications Sector Codes of Practice The highly varied range of e-communications services and the good practices of the e- communications service providers The highly varied range of e-communications services and the good practices of the e- communications service providers The technical neutrality of the legislation and the technical standards for ensuring the security and the confidentiality of the data The technical neutrality of the legislation and the technical standards for ensuring the security and the confidentiality of the data Codes of Practice and Standards © 2006 Desislava KrystevaLEX.BG

The development of the information society and the peculiarity of the personal data protection issues require: Adequate legislation Adequate legislation Adequate additional measures and instruments for regulation Adequate additional measures and instruments for regulation Codes of Practice Codes of Practice Technical and Quality Standards Technical and Quality Standards Provision of information and guidelines to the data subjects Provision of information and guidelines to the data subjects Conclusions © 2006 Desislava KrystevaLEX.BG

LEFIS 5 th Working Group Meeting Sofia, 2006 Thank you for your attention! Desislava Krysteva Project Coordinator LEX.BG PLC – The Bulgarian Law Portal