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Protecting privacy on the Internet

At the initiative of Mr. Mario Monti, Commissioner responsible for the internal market and financial services, the European Commission is seeking a brief from the Council of Ministers to negotiate, within the Council of Europe, on the drafting of "Guidelines for the protection...

At the initiative of Mr. Mario Monti, Commissioner responsible for the internal market and financial services, the European Commission is seeking a brief from the Council of Ministers to negotiate, within the Council of Europe, on the drafting of "Guidelines for the protection of individuals with regard to the collection and processing of personal data on the information highways". The recommendations drafted by the Council of Europe, though not binding, would call upon member countries to secure their adoption by businesses, users and authorities. Commissioner Monti has stressed the importance of the social and economic implications of such guidelines and the need for the Commission to ensure compatibility with EU directives. In the European Union a high level of protection of privacy is ensured by Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and by the Directive on the protection of privacy in the telecommunications sector. The Commission intends to see to it that the work embarked on by the Council of Europe in this area ensures a comparable level of protection and does not interfere with the Directives' implementation. During the work of the competent Council of Europe bodies the Commission will pay particular attention to: - The specific risks to the right to privacy and personal data protection arising from the processing facilities provided by the Internet; - The application of the "purpose principle" (i.e. who wishes to use what data and why); - The application of the principle that personal data should be used as little as possible; - The practical enforcement of the right to be informed of data processing operations involving oneself and of the right to object to any processing; - The conditions under which personal data may be disclosed to third parties for reasons of national security or crime prevention; - The conditions under which data may be used for purposes of direct marketing; - The question of cross-border data flows; - Implementing measures.