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Best Practices for DPA’s: The Citizens Perspective

Best Practices for DPA’s: The Citizens Perspective. Karel Neuwirt The Office for Personal Data Protection Czech Republic. . The rights of men must be held sacred, however much sacrifice it may cost the ruling power. Immanuel Kant Perpetual Peace, 1795. History of Privacy.

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Best Practices for DPA’s: The Citizens Perspective

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  1. BestPractices for DPA’s: The Citizens Perspective Karel Neuwirt The Office for Personal Data Protection Czech Republic Public Voice Symposium, Wroclaw, 13 Sept. 2004

  2. \ The rights of men must be held sacred, however much sacrifice it may cost the ruling power. Immanuel Kant Perpetual Peace, 1795 Public Voice Symposium, Wroclaw, 13 Sept. 2004

  3. History of Privacy • The Bible has numerous references to privacy • 1361 – the Justice of the Peace Act (England) • 1776 – Access to Public Record (Sweden) • 1858 – prohibition the publication of private facts (France) • 1889 – prohibition the publication of information relating to “personal or domestic affairs” (Norway) Public Voice Symposium, Wroclaw, 13 Sept. 2004

  4. History • Interest in the right of privacy increased in the 1960s and 1970s – advent of information technology • Land of Hesse (Germany 1970 Land Law) – the first data protection law in the world • Sweden (1973), Germany (1977FederalLaw), France (1978) Public Voice Symposium, Wroclaw, 13 Sept. 2004

  5. U.S. First legal concept - 1890 The Right to Privacy Samuel Warren and Louis Brandeis Public Voice Symposium, Wroclaw, 13 Sept. 2004

  6. DP bodies • European Parliament and the Council • Council of Europe • European Commission • OECD • EU Data Protection Supervizor • Data Protection Authorities • National governmental institutions • Private bodies (PI, EPON, EPOF, …) • ……. Public Voice Symposium, Wroclaw, 13 Sept. 2004

  7. Data protection • DP reflects privacy respect and protection in society • Different DP in • Traditional democratic countries • Post-totalitarian countries • Development countries • Totalitarian countries • George Orwell – “1984” (1948) Public Voice Symposium, Wroclaw, 13 Sept. 2004

  8. Post-totalitarian • Human rights only in “paper” form • No privacy respect long time • Human rights and freedoms only declared, not respected • General resignation to human rights (institutions, politicians, citizens) • Long time of inertia Public Voice Symposium, Wroclaw, 13 Sept. 2004

  9. Consequences • Change legislation • Change habits • Change practice • Change thinking Public Voice Symposium, Wroclaw, 13 Sept. 2004

  10. World legal documents help European Human Right Convention Convention 108 (and Additional Protocol) Directives (95/46/EC, 2002/58/EC, …) CoE’s Recommendations other legal instruments (EU, OECD, U.S., private associations, …) Public Voice Symposium, Wroclaw, 13 Sept. 2004

  11. DP authorities • Competences • Independent status • Budget • Staff Public Voice Symposium, Wroclaw, 13 Sept. 2004

  12. Legal competences • Investigation of controllers • Impose measures • Impose sanctions • Issue own application decisions • Influence to legislation Public Voice Symposium, Wroclaw, 13 Sept. 2004

  13. Independent status • Difficult to reach independency on the government in post-totalitarian countries Public Voice Symposium, Wroclaw, 13 Sept. 2004

  14. Additional works • Popularization of DP principles • Contacts with mass media • Consultations provided to citizens and controllers, or other who process data • Educative role DPA to • citizens • public bodies • private sector institutions Public Voice Symposium, Wroclaw, 13 Sept. 2004

  15. Contacts with mass media • Information shared by mass media have a specific influence effect – it is well accepted • Citizens’ positive reactions • Broad impact Public Voice Symposium, Wroclaw, 13 Sept. 2004

  16. Consultations By different manners – personal contacts, correspondence (any forms), Meetings, seminars, lectures, workshops, Conferences Some problems – Free of charge ? Misinterpretation ? Ethical conflicts ? Public Voice Symposium, Wroclaw, 13 Sept. 2004

  17. Educative role of DPA • Education as effective tool of enforcement data protection principles Public Voice Symposium, Wroclaw, 13 Sept. 2004

  18. Education • Effective campaigns in cooperation with citizens, controllers, processors work in public and private sectors BENEFIT TO DATA SUBJECTS Public Voice Symposium, Wroclaw, 13 Sept. 2004

  19. Public Voice Symposium, Wroclaw, 13 Sept. 2004

  20. Public Voice Symposium, Wroclaw, 13 Sept. 2004

  21. Supervision • Independent supervisory body – The Office for Personal Data Protection • Independency on the Government – the president and 7 inspectors are appointed by the President of the CR on the Senate proposal • Separate budget (independent on some ministry) • Tasks given by law only, not by the Gov. Public Voice Symposium, Wroclaw, 13 Sept. 2004

  22. Sanctions • The Office competency to give fines and sanctions • Fines up to EUR 312 000 (resp. EUR 630 000) • Sanctions to individuals up to EUR 1 500 Public Voice Symposium, Wroclaw, 13 Sept. 2004

  23. Thank you for your attention • The Office for Personal Data Protection Pplk. Sochora 27, CZ-170 00 Prague 7 Czech Republic tel.: +420 234 665 442 fax: +420 234 665 512 info@uoou.cz http://www.uoou.cz Public Voice Symposium, Wroclaw, 13 Sept. 2004

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