Internet

摘要

One of the key issues in the debate over U.S. spying is what powers the EU and its citizens actuallynhave to redress privacy violations, said Jacob Kohnstamm, chairman of the EU Article 29 Data Protection Working Party (WP) and the Netherlands Data Protection Authority. He appeared Thursday at the secondnhearing on electronic mass surveillance held by the European Parliament Civil Liberties, Justice andnHome Affairs (LIBE) Committee. The first part of the hearing was a private briefing on talks between EUnand U.S. data protection experts in July. It's unclear what rights Europeans have to fight back against collectionnof their personal data, since Americans themselves have scarcely any redress, Kohnstamm saidnThursday. The WP, members of which are national privacy watchdogs, wants an international accord onnredress, he said. The only possible actions at this point are political, involving the safe harbor, passengernname records and Society for Worldwide Interbank Financial Telecommunication agreements, he said.nThey're all based on trust in how people's personal data is used, and if it's being leaked by the National SecuritynAgency and other secret services, in the end the EU has done a lot of work without coming to thendesired result, he said. Referring to the discussion between the EU and U.S. on mass spying, he saidnthere's a “serious problem.” If it's true that national administrations in Europe are doing more or less whatnthe U.S. is, the EU must look at what the balance should be between intelligence services and data protectionnas a fundamental right, he said. It would be helpful if U.S. Foreign Intelligence Surveillance Act materialnwere declassified, he said. Documents arrive with mostly white pages, he said. Kohnstamm listednthe information the WP wants, as set out in an Aug. 13 letter to Justice, Fundamental Rights and CitizenshipnCommissioner Viviane Reding and other EU officials (CD Aug 21 p18). Among the questions werenwhat information is being collected on Europeans; when the U.S. considers personal data to be “inside”nthe country; and what procedures the FISA Court uses to target information collection. Several LIBEnmembers said safe harbor should be suspended and questioned the point of having any such agreementsnwith the U.S. Data protection authorities will meet in Warsaw in two weeks to discuss a possible protocolnto reinforce the right to privacy on an international level, Kohnstamm said. He urged lawmakers to get onnwith their work on proposed data protection overhaul legislation as quickly as possible. The first LIBEnhearing on surveillance took place Friday (CD Sept 6 p7).