(Dieser Artikel ist auch in deutscher Sprache verfügbar)
Following a complaint by a German citizen against the Hamburg State on the way the public authorities may handle the personal data and a series of arguments from the European Ombudsman and European Data Protection Supervisor, the European Commission decided to review its interpretation of the Data Protection Directive, in order to provide a more extensive protection.
The German citizen made an infringement complaint in 2004 to the Commission against the State of Hamburg. The complainant considered that the public authorities were breaching Article 14(1)(b) of the EU Data Protection Directive when the public authorities could hand over personal data to companies, even when they knew that the date were used for direct marketing purposes. The initial answer of the Commission stated that the Directive did not cover this eventuality. In its view it only provided protection against public authorities using personal data for their own direct marketing purposes.
The European Ombudsman intervened and started an inquiry, consulting also the European Data Protection Supervisor (EDPS). The Ombudsman considered that " The Commission's interpretation appeared to exclude from the scope of "controller" in Article 14(1)(b) public authorities and bodies which do not constitute "competitive public-law enterprises" (cf. remarks in point 1.5 above), notwithstanding the explicit reference to "public authority" in Article 2(d) of the Directive, and despite the fact that the text of Article 14(1)(b) does not make any such distinction." Therefore the Ombudsman asked the Commission to review its interpretation of the Directive.
The European Commission accepted the proposal and "decided to undertake a renewed legal analysis of the case and of its own interpretation of Article 14(1)(b) of the Data Protection Directive in light of the arguments put forward by the complainant and by the Ombudsman." Also the Commission stated that it would address the issue with the Member States in order to improve national legislation in the field of data protection
Ombudsman welcomes Commission move towards better data protection
(26.06.2006)
http://europa.eu/rapid/pressReleasesAction.do?reference=EO/06/14&f...
Decision of the European Ombudsman on complaint 2467/2004/PB against the
European Commission (9.06.2006)
http://www.ombudsman.europa.eu/decision/en/042467.htm