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Data Protection Day 2011

Data Protection Day 2011. JOINT HIGH LEVEL MEETING THE COUNCIL OF EUROPE & THE EUROPEAN COMMISSION. Domenico Romanazzi Brussels, January 28, 2011. From European to international standards on data protection (1/2). ICC

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Data Protection Day 2011

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  1. Data Protection Day 2011 JOINT HIGH LEVEL MEETING THE COUNCIL OF EUROPE & THE EUROPEAN COMMISSION Domenico Romanazzi Brussels, January 28, 2011

  2. From European to international standards on data protection (1/2) • ICC • ICC Data Protection Task Force has been working for more than 20 years to improve the international legal framework for data protection: • 1990s to present: participation as sole business organization as an observer in the Council of Europe T-PD group • 1992: Joint adoption (by ICC, CoE, and European Commission) of standard contractual clauses for international data transfers • 2002-present: Participation by ICC in drafting of APEC Privacy Working Group • 2004 and 2010: Adoption by European Commission of standard contractual clauses for data processors originally proposed by ICC • Rationale for International Standards on Data Protection • Bridging divergences in data protection • Facilitation of global data flows 2010 DB Blue template

  3. From European to international standards on data protection (2/2) Various Options • Legally binding instrument or framework / model law • Convention • Guideline • Potential timeline • Current Environment • Substantial differences in data protection culture • Evolving regional treaties • Rapid technological development • The Bottom Line • Greater harmonisation would not only help business, but also individuals • A binding solution is hard to achieve, while a non-binding approach would not resolve the issues • Boost harmonisation on regional level, and intensify dialogue between regional data protection systems and associated steps of convergence • ICC is looking forward to working with the Commission and other related authorities to transfer effective data protection into corporate practice 2010 DB Blue template

  4. Significant Issues concerning Harmonisation • Transparency • Avoid information overload via balanced and concise information / notices • Security breach notification aligned with underlying peril / risk for data subject • Clear and unified criteria for informed and free consent by data subject • Enhancing Internal Market Dimension • Stengthen harmonisation and clarity of implementation of the EU Data Protection Directive • Reduce administrative burdens where these do not contribute to effective data protection, e.g. • Registration / notification requirements for personal data processing and • Prior notification / approval requirements of third country data transfers • Avoid contradiction with sectoral requirements (e.g.anti money-laundering) • Global Dimension of Data Protection • Current set of rules for international data transfers does not allow for a reasonable handling of data within a corporate group • Consider that today’s information flows are global and less defined by point to point communication • Consider technological trends, so that regulations apply to new technologies as well 2010 DB Blue template

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