1. EPAN – eGovernment working group
eEurope eGovernment subgroup
Meeting : May 2005
Centre Culturel de Rencontre - Abbaye de Neumünster
The Single identification number, data sharing and data protection issues
A disparity of solutions for balancing conflicting interests with suitable safeguards
The single identification number, data sharing and data protection issues: CNPD Presentation
“A disparity of solutions for balancing conflicting interests with suitable safeguards”

2. The study reflects a great variety of legal rules, practical solutions and ongoing discussions in the different countries
Some member states do not have SINs (Greece, Hungary, Portugal, UK)
Several only use specific SINs for different sectors of public administration (Austria, Germany, Ireland, …)
In others a central identity management is applied with a global SIN used in most public registers (Belgium, Lithuania, Luxembourg, Malta, Sweden)
SINs can either be stored in a central data base, in various registers and/or on an electronic ID card (Austria)
The extent of exchange and sharing of personal data by different public services varies from one Member State to the other
Use by private persons / bodies can be foreseen or more or less tolerated
The single identification number, data sharing and data protection issues: CNPD Presentation
“A disparity of solutions for balancing conflicting interests with suitable safeguards”

3. A request from modern public administrations in the Information Society across the European Union
Trends :
Increased data needs and data flows in a globalised world
Public registers have become huge electronic data bases of growing complexity (evolution of the population, migrations, differences in civil and family status according to origins )
Identity verification is crucial to ensure accurate data, combat fraud,…
Growing need for cross-sector information (identity, related data, data processed by other units of public administration)
Increased expectations from the citizens regarding administrative simplification and modern public service (online information, forms & transactions (e-governement), electronic ID cards …)
Growing pressure from private bodies and business to access public information and to use SINs
The single identification number, data sharing and data protection issues: CNPD Presentation
“A disparity of solutions for balancing conflicting interests with suitable safeguards”

4. Privacy and data protection concerns call for restrictions
SIN coding may reveal personal information (birthday, gender, nationality, origin, marital status)
SINs encourages to set-up interrelations between data processed by different public services & administrations and combined databases
Use of SINs may progressively exceed the legal provisions. Citizens may be requested to state their SIN by persons (public / private bodies) not entitled to use it and nor to access the underlying personal data
Confidentiality of personal data may be threatened, personal life and privacy be subject to hidden or unlawful intrusions
The single identification number, data sharing and data protection issues: CNPD Presentation
“A disparity of solutions for balancing conflicting interests with suitable safeguards”

5. History of Single Identification Numbers and privacy debate
Origin in Scandinavian countries since the sixties (Sweden 1947, Iceland 1953, Finland 60ies, Denmark 1968, … )
A ongoing public debate since the late 70ies
Germany 1978 (Volkszählungsurteil)
France 1978 (SAFARI project)
Greece 1986 (EKAM project)
Portugal 1977 (article 35 of the Constitution)
In many countries the origin of data protection coincided with plans for a single identifier on a national scale and for the establishment of central registers;
In others the debate around the conflicting interests of an efficient public service and privacy protection reappears episodically
The single identification number, data sharing and data protection issues: CNPD Presentation
“A disparity of solutions for balancing conflicting interests with suitable safeguards”

6. Article 8 : “Right to respect for private and family life
European Convention for the protection of Human Rights and Fundamental Freedoms (Rome, 4. XI 1950)
Article 8 : “Right to respect for private and family life
Everyone has the right to respect for his private and family life, his home and his correspondence.
There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.”
The single identification number, data sharing and data protection issues: CNPD Presentation
“A disparity of solutions for balancing conflicting interests with suitable safeguards”

7. Common legal principles derived from European law
According to the European data protection directive 95/46/EC of October 24th, 1995, the introduction of SINs has to be provided for by law
Any personal data may only be processed fairly and lawfully, for a specified and legitimate purpose and in a transparent way
SIN is a personal information
SIN is the key to multiple other (sometimes sensitive) personal data contained in the filing systems of public administrations which use them for identification
The data controller has to ensure:
that the processed data are adequate, relevant and not excessive in relation to the purpose for which they are collected
that the processed data are accurate and, where necessary, kept up to date
that they are stored in a form which permits identification for no longer than necessary with regard to the purpose for which they have been collected
that no further use is made in an incompatible way with the original purpose
The single identification number, data sharing and data protection issues: CNPD Presentation
“A disparity of solutions for balancing conflicting interests with suitable safeguards”

8. SINs: a special category of personal data
Directive 95/46/EC of the European Parliament and the Council of October 24th , 1995 : Article 8 foresees special restrictions and conditions for the processing of sensitive data and data related to criminal offences and convictions
Paragraph 7 of the same Article 8 states also that:
“Member States shall determine the conditions under which a national identification number … may be processed.”
Suitable safeguards are to be provided for by law
Disparity in national solutions is the result of an incomplete harmonization taking in account national differences
The single identification number, data sharing and data protection issues: CNPD Presentation
“A disparity of solutions for balancing conflicting interests with suitable safeguards”

9. Harmonization of Data Protection ≠ Uniformity of legal systems
Legal restrictions to the use of SINs are a requirement of European law
National laws are to define rules in order to protect confidentiality of all personal data and databases linked to a SIN and to protect the citizens privacy against illegitimate intrusion
National laws have to define the right balance of conflicting interests
Define suitable safeguards:
Examples:
Restrictions in access, communication and use of SINs
Control of the system and advice by a supervisory authority
sectorial SINs and decentralised data storage – no linkage
limited data sharing defined by law and / or requiring the consent of data subjects
The single identification number, data sharing and data protection issues: CNPD Presentation
“A disparity of solutions for balancing conflicting interests with suitable safeguards”

10. Your questions ? Your contribution ? Questions & Remarks
The single identification number, data sharing and data protection issues: CNPD Presentation
“A disparity of solutions for balancing conflicting interests with suitable safeguards”

11. Commission Nationale pour la Protection des Données
Contact Address
Commission Nationale pour la Protection des Données
Gérard Lommel (President)
Edouard Delosch & Pierre Weimerskirch (permanent membres)
68, rue de Luxembourg
L-4100 Esch-sur-Alzette
Telephone:
Fax :
Web site:
The single identification number, data sharing and data protection issues: CNPD Presentation
“A disparity of solutions for balancing conflicting interests with suitable safeguards”

12. The single identification number, data sharing and data protection issues: CNPD Presentation
“A disparity of solutions for balancing conflicting interests with suitable safeguards”