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Privacy in a New Era: Insights from the 2004 Conference in Wroclaw, Poland

The “Privacy in a New Era” conference held on September 13, 2004, in Wroclaw, Poland, focused on the evolving landscape of data protection in Eastern Europe. Key discussions highlighted the need for a shift in mindset regarding data protection authorities (DPAs), the trade-off between privacy and security, and the challenges of implementing new privacy laws. Speakers emphasized the importance of publicly understanding DPAs and the necessity for collaboration between NGOs and DPAs. The conference reviewed both achievements and ongoing issues in privacy legislation, advocating for greater public engagement and a global standard for data protection.

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Privacy in a New Era: Insights from the 2004 Conference in Wroclaw, Poland

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  1. “Privacy in a New Era” Conference Summary 13 September 2004 Wroclaw, Poland

  2. DPAs are New to Eastern Europe • “Need to change way of thinking” New institutions but old mentality (Kulesza) • Change legislation, changes habits, change practice, . . . change thinking (Neuwirt) • “Public will trade privacy for security” (Mednis) • “Need for explanation of DPA, as new legal institutions” (Manolea) • Adoption of EU frameworks (privacy and security) in ‘90s (Adamski) • Problems with implementation of law, but a temporary problem (Kulesza)

  3. Review of 2004 (PHR and EU) Good News • Enlargement of EU, fundamental freedoms (Hustinx) • Adoption and affirmation of EU Data Directive • Early decisions of ECJ • Establishment of EU DPA • New data protection laws, (FOI laws) and new DPAs • Successful NGO advocacy - Argentina, France, Ukraine, Malaysia (Laurant)

  4. Review of 2004 (PHR and EU) Bad News • Expansion of biometric identification (PHR 2004) • Profiling of travelers (PHR 2004) • DNA databases (PHR 2004) • Mandatory data retention (Hustinx) • Unregulated Police databases (Adamski) • Government secrecy (Kashumov, YUCOM) • Growing “infrastructure of technological and legal surveillance” (Hustinx) • Data protection as a “fig leaf” (Székely)

  5. Challenges Exist on the International Level • “Policy laundering” in development of Cybercrime Convention (Steinhardt) • “Privacy protection is no longer a domestic issue.” Common challenges in many countries, and new challenges in developing nations. (Stoddart) • “Building Global Privacy Standards in a Globalized World” (Stoddart)

  6. Recognize Success of DPAs • UK DPA - identity card • Greece DPA - biometric identifiers • British Columbia DPA - US Patriot Act • Italy DPA - PNR • Article 29 Working Group • NGOs will support these efforts. But more are needed (Hosein) • Work of DPA on identification information has “very positive results” (Neuwirt)

  7. Key Requirements for DPAs • Respect of public and colleagues (Perrin) • Independent status (Neuwirt) • Active engagement with public (Hosein) • Popularize DP principles and public education (Neuwirt) • Best Practices: Accountability, transparency, responsiveness, and innovation (Schaar) • Need to coordinate efforts, reduce redundancy (Schaar and Neuwirt)

  8. Effective NGOs • Consider full range of civil society organizations (Hustinx) • Wide range of skills and effective networks - AIP (Kashumov) • NGO cannot always be critical (Székely) • Reach new audiences, conduct real research, develop “counter clichés” - simple, understandable and visible (Székely)

  9. Final Remarks • DPAs and NGOs - opportunity, need, and urgency of collaboration. “Constructive tension” • Common goal is to protect a fundamental human right during a period of enormous political and technological challenge Next Steps • Experts / NGO Organizing meeting • Tuesday, 14 Sept 16.00, Dorint Hotel • Conference papers, Summary, and PHR 2004 updates at www.epic.org and www.privacyinternational.org

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