Hej!
Ibland är det lätt att glömma att Sverige (regeringen) just nu
förhandlar i rådet samtidigt som EP diskuterar GDPR. Men här är en läcka
som lättar upp dimmorna en smula:
https://netzpolitik.org/wp-upload/2013_05_06council_comix_et_al-8004-13-2.pdf
Inte för att texten är som solsken och sommarlov direkt... men "SE"
förekommer ofta i läckan. Så nån har sagt åt de svenska tjänstemännen i
rådet att framföra regeringens ståndpunkter.
Nedan en googleöversättning av tyskarnas analys:
https://netzpolitik.org/2013/exklusiv-wir-veroffentlichen-verhandlungsstand-der-datenschutzreform-im-ministerrat-minister-schutzen-markt-aber-keine-daten/
mvh
//Erik
*Exclusive: We publish negotiation status of the data protection reform
in the Council of Ministers - Minister protect the market, but no data
*By Benjamin Bergemann | Published: 27/05/2013 at 11:02 | Comment
The interior and justice ministers continue to shake the foundations of
the Data Protection Act. Both the basics such as the definition of
personal data as well as information requirements and stakeholder
rights, ministers protect businesses to the detriment of citizens. This
is clear from a document of the Irish Presidency, which we publish
exclusively here.
Germany is not among the worst Verwässerern of reform. Interior Minister
Friedrich's promise of "more stringent European data protection rules'
you realize but not much.
Doubt as to the regulation, unity in business friendliness
The document dated 6 May 2013 is the status of negotiations in the
Council on Chapters I-IV of the Commission proposal. These include inter
alia the basic principles of Regulation (definitions, rules for data
collection), the rights of individuals against the data processors and
the duties last mentioned.
Sender is the Irish Presidency, which provides amendments to the
regulation under discussion in the Council on the basis of the
discussion item. Because of the disagreement in the Council abound in
the paper of footnotes, which document caveats and modifications of the
Member States.
The paper complements the leak from the Council of Ministers, which we
have recently verbloggt. In this it was the few points where seemingly
broad agreement between the States was.
We now present the document shows that agreement on the Commission's
proposal in the Council of Ministers is the exception. Member States
shall make reservations about reservations. Some, including the
Regulation has always been hostile to United Kingdom, doubt still the
instrument of regulation and would prefer a policy that would maintain
the current enforcement deficit in the European Data Protection upright.
As the Austrian journalist Erich Moechel writes advised "Countries with
relatively strong data protection laws such as Germany or Austria rather
on the defensive" in the Council negotiations. However, this can not be
an excuse. On the contrary, attacking Germany should occur in the
Council for a strong data protection regulation. Thus we read in the
Irish Presidency of the proposed new regulation for the introduction
words nothing of a German title:
In order to ensure the functioning of the internal market, it is
necessary that the free flow of personal data between Member States
through the protection of individuals regarding the processing of
personal data which is not restricted or prohibited.
What European internal market is meant here? Especially in view of the
currently circulating numbers in industry-related studies, may give the
impression that the direct marketing industry, scoring and tracking
services networks are the solution to the economic problems of Europe or
somehow relevant to the system.
Definitions and basic principles of data processing: Expertise ignored
In the definition of personal data, Member States continue to make worse
the formulations of the Commission. Particularly in online environments,
it just depends on not one whatsoever "identification" of the person. It
is crucial that I am distinct from others in a group. The call for civil
rights organizations just as the European data protection of the Article
29 Data Protection Working Party - and indeed since 2007.
With the expansion of the controversial "legitimate interest" that
allows data processing without consent, the ministers want to extend
this legal basis to third parties, or rather before they suggest the
need to limit its quite safe. This supports - in a slightly different
formulation - Germany. As a report of the civil rights organization Bits
of Freedom shows the data processing on this basis is legally opaque.
Victims are the "data subjects", so we.
And once again ignore the ministers privacy law expertise. For the
purpose of the data collected, although they carry an a catalog of
factors to estimate the earmarking, similarly as proposed, the Article
29 Working Party in its opinion. Unfortunately, they forgot to delete
the article loophole-Article 6 (4), to be replaced by those factors catalog.
Rights and obligations of the persons concerned of the data processors:
Just do not burden the industry
Controversial among the ministers are the information requirements of
the data processors towards the citizens and the right to data
portability, a Commission of the more innovative suggestions that could
help to overcome the so-called lock-in effects. This would make it
possible about to take its data from one provider to another, such as
from Twitter to app.net. The ministers make both the information
requirements and the right to data portability worry about the
circumstances and costs that could be the cause for the company - even
Germany. The right to data portability, many states generally do not
consider as a matter of data protection legislation - a good excuse to
quash it for now. And of course you are also concerned about trade
secrets and intellectual property.
One of the most dangerous and absurd text suggestions: The so-called
"notice to the person affected by a violation of the protection of their
personal data", ie the communication of data leakage should not be
necessary as long as the data processor has taken measures such as
pseudonyms and encryption. The belief in technological progress and
innovation, the minister probably leave just here. A data leakage is of
course dangerous even with pseudonymous data. For encryption, the
decryption is only a matter of time. But if the data flow that's good
for the internal market.
Meddle!
The Council continues its pro-business line continued in data
protection. The idea of a Europe-wide enforcement of strong data
protection laws pleases most Member States little. Similar trends are
emerging in parallel with the ongoing negotiations in the European
Parliament. The ACTA is not, but just as important. Currently running
actions that are aimed at Interior Minister Friedrich and the European
Parliament. Experience has shown that the latter is easier to influence.
So take a few minutes for your privacy and contact your elected
officials / interior in Berlin and Brussels.
