[comp.org.eff.talk] EEC Privacy

david.turrell@f111.n125.z1.FIDONET.ORG (david turrell) (06/25/91)

The following two pieces by Martyn Thomas (mct@praxis.co.uk) appeared 
in Risks
Digest 11.92, in the comp.risks newsgroup. Possible European Community
legislation on Caller ID and privacy of personal information held in 
databases
is described. If there, why not here?
 
Begin excerpt from Risks 11.92.
------------------------------
 
Date: Fri, 14 Jun 91 10:34:13 BST
From: Martyn Thomas <mct@praxis.co.uk>
Subject: EC draft directive on telecomms privacy
 
The European Commission (CEC) has issued a draft directive on privacy 
of
telecommunications. The idea is to bring the EC natins' laws into 
harmony,
so that the service and privacy are the same throughout the EC. The 
draft
directive is COM(90) 314 final - SYN 288.
 
Some parts may be interesting for comparison with US practices:
 
Article 8: The telecommunications organisation [t.o.] must provide 
adequate,
state-of-the-art protection of personal data against unauthorised 
access and
use. In case of particular risk of a breach of the security of the 
network, for
example in the field mobile radio telephony [sic], the t.o. must 
inform the
subscribers concerning such risk and offer them an end-to-end 
encryption
service.
 
Article 12: [paraphrased]. callers must be able to disable CID 
per-call, and
per-line. Called subscribers must be able to disable incoming display 
of IDs
per call or per line, and must be able to restrict incoming calls to 
those
which transmit IDs. Overrides must be available for tracing nuisance 
calls and
for emergency services, and these must work community-wide.
 
Article 17: [paraphrased] Subscribers must be able to request that
unsolicited advertising calls are blocked, and the t.o. must take the
necessary steps to prevent such calls.
 
Article 19: "The provisions of this directive relating to the telephone
service shall be applied to other public digital telecommunications 
services
to the extent that these services present similar risks for the 
privacy of
the user".
 
Martyn Thomas, Praxis plc, 20 Manvers Street, Bath BA1 1PX UK.
Tel:    +44-225-444700.   Email:   mct@praxis.co.uk
 
------------------------------
 
Date: Fri, 14 Jun 91 11:15:37 BST
From: Martyn Thomas <mct@praxis.co.uk>
Subject: EC draft directive on data protection
 
The Commission of the European Community (CEC) has issued a proposal 
for a
Directive on data protection [COM(90) 314 final - SYN 287.]
 
It is very detailed and prescriptive. The broad principles are similar 
to
the UK Data Protection Act (which I assume is well-enough known to 
save me
hours of typing!) with two notable extensions:
 
The "data-subject" has to have given informed consent to any processing
which goes beyond "correspondence purposes" (subject to exceptions for
public authorities and other processing specifically authorised by 
law).
 
The protection is NOT limited to computer files - it covers all manual 
files
as well.
 
Article 17 is interesting:
 
"The Member States shall prohibit the automatic processing of data 
revealing
ethnic or racial origin, political opinions, religious or 
philosophical beliefs
or trade union membership, and of data concerning health or sexual 
life,
without the express and written consent, freely given, of the data 
subject. [
... ... ] Data concerning criminal convictions may only be held in 
public
sector files."
 
Martyn Thomas, Praxis plc, 20 Manvers Street, Bath BA1 1PX UK.
Tel:    +44-225-444700.   Email:   mct@praxis.co.uk
 
------------------------------
End excerpt from Risks 11.92.
 
-David


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