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Re-use and Privacy/Data Protection

Re-use and Privacy/Data Protection. Cécile de TERWANGNE Professor at the Law Faculty CRID - University of Namur. Privacy/Data Protection. Aim of Data Protection Legislation: informational self-determination = control over one’s personal information

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Re-use and Privacy/Data Protection

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  1. Re-use and Privacy/Data Protection Cécile de TERWANGNE Professor at the Law Faculty CRID - University of Namur Prof. Cécile de Terwangne - LAPSI Workshop 7-8 October 2010

  2. Privacy/Data Protection • Aim of Data Protection Legislation: informational self-determination = control over one’s personal information • Right to informational self-determination is derived from but not assimilated to right to privacy: - art. 8 ECHR - art. 7 and 8 European Charter Fund. R. Prof. Cécile de Terwangne - LAPSI Workshop 7-8 October 2010

  3. Privacy/Data Protection • Data protection legislation is not a prohibition legislation Prof. Cécile de Terwangne - LAPSI Workshop 7-8 October 2010

  4. When does data protection apply? • Which data? Personal data = any information related to a natural person not necessarily confidential data even professional data commercial data published data • When data is processed by automatic means or is part of a filing system Prof. Cécile de Terwangne - LAPSI Workshop 7-8 October 2010

  5. Examples possibly concerned by re-use: • Commercial registers • Vehicles registration • Case law data bases • Institutional web sites presenting members, agenda, etc. • Socio-economic data • Land register • European Patent Office Prof. Cécile de Terwangne - LAPSI Workshop 7-8 October 2010

  6. Relations re-use & data protection Art. 1, § 4, PSI directive 2003/98 « This Directive leaves intact and in no way affects the level of protection of individuals with regard to the processing of personal data under the provisions of Community and national law, and in particular does not alter the obligations and rights set out in Directive 95/46/EC. » respect data prot. rules when re-using PSI Prof. Cécile de Terwangne - LAPSI Workshop 7-8 October 2010

  7. Data Protection Principles Data protection principles having particuliar impact on PSI re-use: • Purpose principle • Proportionality principle Prof. Cécile de Terwangne - LAPSI Workshop 7-8 October 2010

  8. Data Protection Principles Purpose principle: Data processed for specified, explicit and legitimate purposes… And data not processed in a way incompatiblewith the purposes ofcollection (compatible = within data subject’s reasonable expectations) Prof. Cécile de Terwangne - LAPSI Workshop 7-8 October 2010

  9. Data Protection Principles Further processing of data for historical, statistical or scientific purposes not considered as incompatible  appropriate safeguards in each Member State Prof. Cécile de Terwangne - LAPSI Workshop 7-8 October 2010

  10. Data Protection Principles Proportionality principle • Grounds to legitimate data processing (re-use): • Data subject’s consent (ex.: planning permissions) • Interest of re-use overriding data subject’s rights and interests (ex.: re-use of data from official websites in the newspaper of a non-profit-making association) Prof. Cécile de Terwangne - LAPSI Workshop 7-8 October 2010

  11. Data Protection Principles • Only relevant data in relation with the purposes of processing (re-use) Prof. Cécile de Terwangne - LAPSI Workshop 7-8 October 2010

  12. Data Protection Principles In conclusion : Re-use of personal data OK if • It is not incompatible (with the original aim) • It is not disproportionate Or you have informed data subjects and have their freely given consent Prof. Cécile de Terwangne - LAPSI Workshop 7-8 October 2010

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