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Deutsch: EP will ein besseres Gleichgewicht zwischen Internetsicherheit und den...

On 5 March 2009, during a hearing of the Civil Liberties and Home Affairs (LIBE) Committee focused on the strengths and weaknesses of the current framework on security and privacy on the Internet, Members of the European Parliament (EP) and experts agreed on the necessity to create a better balance between Internet security and the protection of online personal data.

The participants, including the European Data Protection Supervisor, academics, representatives of the Commission and of the Czech Presidency, supported a report drafted by Stavros Lambridinis proposing recommendations aimed at providing "adequate protection of fundamental freedoms while delivering also an enhanced security."

The report calls on the Member States and the European Commission to draft proposals defining global standards for data protection, security and freedom of expression. The rapporteur believes the access to the internet should be treated just like the access to education and should never be blocked by governments or private companies. He also considers that the user's consent to share data should be clearly defined to create a fairer balance of powers between users and governments and private companies.

EDPS Peter Hustinx said that as the Internet has become an integral part of our everyday life, "we must apply the same values as we do in our society (...), fundamental rights must apply and that's that. (...) In the old world it was fairly simple. On the internet there is a system of layers, responsibility is more complex and therefore tends to vanish. This must be clarified".

Hustinx emphasized the fact that the present European regulatory framework applying to the Internet is a holistic one and that a horizontal approach was needed. In his opinion, the Data Protection Directive applying to the Internet does not give a very clear definition of personal data on the Internet and that the current responsibility and control mechanisms should be also clarified and improved. He believes a key issue is that of the user's consent for data sharing. Presently, there is a large range of types of online consents which leads to a complex regulatory environment. It is also difficult now to reach transparency of the data processing. The EDPS added that he did not want to see "an environment of permanent surveillance" (making reference to three-strikes schemes), that international cooperation and self-regulation should be promoted and children awareness-raising should be increased.

During the hearing, Gus Hosein of Privacy International expressed his concern related to the fact that the EU seems to have followed Bush administration as regards data retention. "Is that what you want to export to the rest of the world? The EU should be a ray of light for human rights but at the moment it's the opposite (...) we must change course and the Lambrinidis report is the opportunity to turn things round," he said.

Jim Killock, executive director of the Open Rights Group, warned about potential dangers of an uncontrolled use of personal data by the governments and public institutions and asked the EU for a close monitoring and the issue. In his opinion, transparency and user consent must be clear rules and strict regulation should apply to protect personal data. He believes it is important "to ensure that a charter of rights comes into being very soon".

Professor Steve Peers from University of Essex, the author of "Strengthening security and fundamental freedoms on the Internet - An EU Policy on the fight against cybercrime" study commissioned by the EP, also made some recommendations. He believes in the necessity of adopting a non-binding Internet Bill of Rights, drawn up by the EP and supported by industry players, NGOs, Member States, EU institutions and national public authorities. He also recommended that the EU criminal law should be brought in line with the provisions of the different Council of Europe Conventions regarding offences related to data interception, breach of confidentiality and data security, spam or child pornography.

As final remarks of the hearing, the Presidency representative, Mr Ondrej Veselský, Head of International Law Department at the Ministry of Interior of the Czech Republic, stated that a balance between privacy and security should be achieved, that the rules of the "real world" should apply to the Internet as well, that access to the Internet should be open and that a larger cooperation is necessary in the fight against cybercrime. He stated that one of the priorities of the Czech Presidency was the protection of minors and the presidency intended to improve the cooperation between the different police of the Member States.

Stavros Lambridinis's report will be put to the vote at the Strasbourg full plenary session of the European Parliament on 23 March 2009.

Committee on Civil Liberties, Justice and Home Affairs - Streanghening Fundamental Freedoms and Security on the Internet (5.03.2009)
http://www.europarl.europa.eu/meetdocs/2004_2009/documents/oj/770/7708...

EP Press Release - Protecting citizens' rights on the internet (6.03.2009)
http://www.europarl.europa.eu/news/expert/infopress_page/019-50634-061...

Europeans push for more online rights to privacy (6.03.2009)
http://www.macworld.com/article/139244/privacy.html