What is Data Protection?

Data protection is the relationship between the collection and dissemination of data, technology, the public expectation of privacy, and the legal and political issues surrounding them. The challenge in data privacy is to share data while protecting personally identifiable information.

European citizens’ rights to protection of personal data have come under attack as governments across the globe have chosen to collect personal data since 9/11. A unified data protection framework is necessary, that has equally high data protection standards for the private sector and public sectors, and especially for law enforcement authorities.

Privacy is key

Privacy concerns exist wherever personally identifiable information is collected and stored – in digital form or otherwise. Improper or non-existent disclosure control can be the root cause for privacy issues. Data privacy issues can arise in response to information from a wide range of sources, including but not limited to, medical records, police and court records, bank records, residence and geographic records, ethnicity and geo location.

Privacy and data protection: fundamental rights

The right to privacy is enshrined in the EU’s founding treaties as well as in the European Convention on Human Rights (ECHR) and the Charter of Fundamental Rights (ECFR).* Together, they seek to protect the inviolable personality, independence and dignity of all individuals. The right to personal data protection is another fundamental right, also recognised in the Charter on Fundamental Rights. It guarantees both the right to privacy and independent decision-making, by increasing the transparency of information flows and ensuring balanced regulation of personal data processing for certain well-defined purposes.

New technologies are radically advancing our freedoms, but they are also enabling unparalleled invasions of privacy and access to information. EU data protection standards, generally perceived as high, are therefore in dire need of improvement and updating.

We believe that internet structures must be free of private and/or government control. Open source and open government policies, democratic e-Government, the right to confidentiality and integrity of information technology systems and non-discrimination in internet access must be supported.

 

ECHR and European data protection standards

EURODAC and the current trend to allow access to databases for law enforcement authorities: We strongly oppose access to databases, which were constructed for a different purpose.

Passenger Name Records: We reject the new proposal on an EU PNR Scheme, as it considers the European Commission has failed to prove the necessity and proportionality of such an intrusive data collection and processing scheme.

Law Enforcement Authorities Access to privately held data- bases: We demand transparency where law enforcement authorities seek access to private entities’ databases.

A human information and communication society requires the maintenance of surveillance-free spaces, the application of and respect for international privacy and data protection rights and standards.

The main challenges in the immediate future remain:

• Striving to develop stronger data protection principles in the ongoing review of the EU Data Protection framework;

• Ensuring that fundamental data protection principles are guaranteed from the very inception of a product or service by policy-makers;

• Opposing bulk personal data collection by governments and agencies for ‘law enforcement’ purposes, while improving existing tools for targeted data exchange; opposing increasing surveillance in the workplace;

• Enhancing the enforceability of EU data protection standards taking into account increased data collection by private industry/companies;

• Continuing to ensure respect for EU data protection standards and principles where personal data processing, storing and exchange are allowed by law;

• Fighting so-called ‘function creep’: ensuring that personal data collected for one purpose is not used for another;

• Fostering a broad coalition between civil society and data protection authorities warranting better control and awareness of data protection standards;

• Raising citizen awareness on self-control in the sharing of personal data, especially on social networking websites, and focusing specifically on protecting vulnerable groups (children, indebted persons, etc.).

 

*Article 16 TFEU; Article 8 ECHR; Article 7 ECFR

GUE/NGL Policy www.guengl.eu