Monday, 14 February 2011

Privacy - Council of Europe consults on modernising Data Protection Convention 108 - deadline soon

The Data Protection Convention 108 is being updated for the realities of modern technologies and globalisation. 10 March 2011 is the deadline for putting views to the Council of Europe's T-PD expert committee on their list of 30 consultation questions.

I won't repeat the list here; they dealt with ETS 108's objects, scope, definitions, protection principles, rights and obligations, sanctions and remedies, applicable law, position of data protection authorities / regulators, transborder data flows, and the role of the committee. As you'd expect, they include the topical issues of privacy by design, proportionality, data security breach notification, location privacy, accountability, and should there be defined rights to privacy, data protection and anonymity.

Anyone who wishes can email them with thoughts or comments at data.protection@coe.int, before 10 March 2011. Here's their full list of papers about the modernisation. Also of interest - European Data Protection Supervisor Peter Hustinx's recent speech on new European rules on data protection, regarding the modernisation of Convention 108.

For those unfamiliar with this 1985 treaty on privacy and data protection, Convention ETS 108 for the Protection of Individuals with regard to Automatic Processing of Personal Data has been ratified by all the EU countries and some other, mainly European, countries, including Switzerland. It was very influential eg on the EU Data Protection Directive, which is itself also being reviewed.

Report on issues with Convention 108

The Council of Europe (not the same as the EU) had commissioned an expert report on the challenges raised by developments since the convention was first promulgated.

The 2-part report released in November 2010 was written in French. It makes interesting reading for anyone interested in privacy or data protection laws and how they can or should be adapted to keep pace with technological and societal changes.

I've attempted automatic English translations using Google Translator Toolkit as my French is non-existent, ja si oui yep. The translations aren't perfect but they're good enough to give a decent idea of the gist, at least to me. The only edit I made was to change "master file" to "controller of the file"; I had no time to fix the formatting oddities.

Below are links to the rough English translations I ran of the November 2010 Report on the lacunae of the Convention for the protection of individuals with regard to automatic processing of personal data (ETS No 108) resulting from technological developments, by Jean-Marc Dinant and (in the case of Pt 2) Dinant and Cécile de Terwangne, Jean-Marc Moiny, Yves Poullet, Jean-Marc Van Gyzeghem and the CRID.

I've also embedded the automated English translations below for a sneak preview. The French titles link to the French originals.

I've provided links to translations in both HTML and Google Docs format, because with the Google Docs version you can use the "File -> Download as" menu to download the document in Word DOC, RTF, PDF or ODT to read offline, if that's more convenient for you. Be warned that they're quite large files so may take a while to download.

Part 1

Rapport sur les lacunes de la Convention n° 108 pou r la protection des personnes à l’égard du traitement automatisé des données à caractère personnel face aux développements technologiques Partie I - T-PD-BUR (2010) 09 (I) FINAL

English translations of Report on the lacunae of the Convention for the protection of individuals with regard to automatic processing of personal data (ETS No 108) resulting from technological developments - T-PD-BUR (2010) 09 (I) FINAL, by Jean-Marc Dinant - in
HTML Webpage format, or
Google Docs format.

 

Part 2

Rapport sur les lacunes de la Convention n° 108 pou r la protection des personnes à l’égard du traitement automatisé des données à caractère personnel face aux développements technologiques Partie I - T-PD-BUR (2010) 09 (II) FINAL

English translations of Report on the lacunae of the Convention for the protection of individuals with regard to automatic processing of personal data (ETS No 108) resulting from technological developments - T-PD-BUR (2010) 09 (II) FINAL, by Jean-Marc Dinant, Cécile de Terwangne, Jean-Marc Moiny, Yves Poullet, Jean-Marc Van Gyzeghem and the CRID - in
HTML Webpage format, or
Google Docs format.

 

Note - the Council of Europe did not reply to my emailed request for permission to translate the French texts. If any owner of the copyright in those reports objects to these translations, please let me know and I will delete them.

©WH. This work is licensed under a Creative Commons Attribution Non-Commercial Share-Alike England 2.0 Licence. Please attribute to WH, Tech and Law, and link to the original blog post page. Moral rights asserted.