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.