CAVIRC.net - European Directive on data protection and privacy

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European DirectivePrivacy can be described as the power to control what others can come to know about you and to determine the entry rules for your own private space. As technological possibilities to collect, store, analyze and distribute information about virtually every aspect of an individual's life have become almost unlimited, this power risks being greatly diminished. Especially in today's public communication networks, that include not only fixed telephone networks but also mobile networks and the Internet, personal information can be transferred with great ease and even largely invisibly. An intrusion in your home will in most cases entail a risk and an effort for the perpetrator and leave traces such as a broken window or lock. Gaining access to your PC or mobile communicator once it's connected to the Internet, is fairly easy and at little risk for anyone with a motive and can remain largely undetected unless you are a computer expert. However, while advanced technology creates problems for the protection of privacy, it can also provide a large part of the solutions. Networks, hardware and software can and should be designed, or redesigned, to put the user in control of his own personal information and his private sphere. But given the considerable commercial and state interests in the collection of personal data, this will only happen with a clear, enforceable legal framework guaranteeing the individual?s right to privacy and regulating the measures to achieve it. In 1997 the EU adopted a specific on the protection of privacy and the processing of personal data in the telecommunications sector, translating the principles of the General Data Protection Directive for a number of specific privacy issues related to public telecommunication networks and services. The Privacy and Electronic Communications Directive As part of the new regulatory framework for the electronic communications sector, the 1997 Directive has been updated to take account of technological developments and to ensure that the same level of privacy protection will be granted for all communications over public networks regardless of the technology used. The <a href="http://europa.eu.int/information_society/topics/ecomm/useful_information/library/legislation/index_en.htm#dir_2002_58_ec" target="_blank">new Directive 2002/58/EC</a> on the processing of personal data and the protection of privacy in the electronic communications sector includes provisions on security of networks and services, confidentiality of communications, access to information stored on terminal equipment, processing of traffic and location data, calling line identification, public subscriber directories and unsolicited commercial communications. The Directive had to be transposed in national law by 31 October 2003 at the latest. The Privacy and Electronic Communications Directive ScopeThe Privacy and Electronic Communications Directive applies to the processing of personal data in connection with the provision of public electronic communication networks and service and thereby requires the Member States to create obligations for anyone involved in the forms of processing addressed by the Directive. For instance , Article 5(1) on confidentiality must lead to a prohibition for anyone to practice interception or surveillance of private communications between others over public communication networks. Article 5(2) on the use of spyware will cover anyone trying to gain access to someone else's computer. Article 13 on unsolicited commercial communications concerns anyone engaged in direct marketing activities over a public communications network. Extra-territorial effectThe scope of the directive covers the processing of personal data in connection with the provision of publicly available electronic communication networks and services in the Community. This implies that, for instance, the provisions regarding unsolicited commercial communications apply to all communications received over public networks within the EU and should also be respected by senders of such messages established outside the EU but addressing recipients within the EU. Similarly, the confidentiality requirement is also applicable with regard to interception or surveillance of communications terminating on EU networks by persons outside the EU. Obviously, the enforcement of these provisions with regard to persons operating from outside the EU may be more difficult and international cooperation is needed to address such cross border cases. Source: European Commission/ Information Society<a href="http://europa.eu.int/information_society/topics/ecomm/all_about/todays_framework/privacy_protection/index_en.htm#calling" target="_blank">European commission's website (IT)</a></PRE>