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Publicity of public registers and possible privacy issues

Publicity of public registers and possible privacy issues. Presentation by Mr. Philippe Renaudière, Head of Unit - Data Protection Internal Market - European Commission. Directive 95/46 EC. Double objective Internal market

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Publicity of public registers and possible privacy issues

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  1. Publicity of public registers and possible privacy issues Presentation by Mr. Philippe Renaudière, Head of Unit - Data Protection Internal Market - European Commission

  2. Directive 95/46 EC • Double objective • Internal market • Protection of the rights and fundamental freedoms of natural persons regarding the processing of personal data

  3. Protection of rights and fundamental freedoms • Article 6 of the Treaty of the European Union • European Convention of Human Rights • Charter of Fundamental Rights of the European Union

  4. Application of Directive 95/46 EC • Same basic principles applicable to the private and public sectors • Three fundamental principles: • proportionality • fairness • transparency • Rights of the data subjects and obligations of those responsible for processing

  5. Definitions • Data Processors • Protected Data

  6. The finality principle • Fair treatment of data • Subsequent use of data for a compatible purpose - exception • Determination of the finality

  7. “Sensitive” data • Data which reveal racial origin, political opinions, data concerning health … • Principle of prohibition • Exception: • Reasons of important public interest • Appropriate guarantees and notification to the Commission in every case • National identification number

  8. Specific rules for “public” data • Information obligation • Right to object • Notification • Transfer to third countries

  9. Opinion of Art. 29 Working Party • Application of the Directive • Increase of risk when putting data at the disposal of the public • Reconciling conflicting interests • Case by case approach • Importance of new technologies

  10. Re-use of “public” data • Draft Directive • e-Europe • Better use of key resources • Dismantle obstacles in the internal market • Minimum harmonization

  11. Revision of Directive 95/46 EC Mandate given to Commission: Report on the application of the Directive with proposals for possible modifications

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