International Data Protection Conference 2O112 O 1 1 International Data Protection Conference 2O112 O 1 1 header TABLE OF CONTENTS Foreword 4 Róbert Répássy: Welcome speech at the International Data Protection Conference in Budapest 6 Françoise Le Bail: Keynote speech: Reform of the data protection rules 10 Aurora Mejía: Keynote speech of the Budapest Conference 12 Peter Hustinx: Where we are now and where we are heading - current and future dilemma’s of privacy protection 16 Janni Christoffersen: Cloud computing – a challenge to data protection? 20 Urszula Góral: Educational activity of the Polish Data Protection Authority 24 Professor Paul De Hert: From the Principle of Accountability to System Responsibility – Key Concepts in Data Protection Law and Human Rights Law discussions Summary 32 Endre Győző Szabó: New data protection principles in light of the debate on Council conclusions 35 Christopher Kuner: Global standards for data protection and privacy from the business point of view 38 Jörg Polakiewicz: Convention 108 – still going strong after 30 years? 42 Attila Péterfalvi: Closing speech of the budapest conference 47 Wojciech Rafał Wiewiórowski: Privacy and the Liability of Intermediary Service Provider in the Clouds. E-Governmental Aspects 49 Jörg Polakiewicz: Keynote speech of the Warsaw Conference 60 Jacob Kohnstamm: Effectiveness of personal data protection principles in the changing world 62 Eng. Wacław Iszkowski, Dr. T.S.: Illusion of Personal Data Protection? 64 2 David Wright: The state of the art in privacy impact assessment 69 Daniel Drewer: A tailor-made data protection framework for the European Police Offi ce 77 Graham Greenleaf: The infl uence of European data privacy standards outside Europe: Implications for globalisation of Convention 108 Summary 79 Jean-Philippe Walter: The modernization of the Convention of the Council of Europe for the Protection of Individuals with regard to Automatic Processing of Personal Data (ETS No. 108): moving from a European standard towards a universal standard for data protection? 81 Annex 87 Professor Paul De Hert: From the Principle of Accountability to System Responsibility – Key Concepts in Data Protection Law and Human Rights Law discussions 88 Graham Greenleaf: The infl uence of European data privacy standards outside Europe: Implications for globalisation of Convention 108 121 Programmes of the data protection conferences 154 3 header FOREWORD Where are we now and where are we heading? – this question was asked by the topic-raising document prepared for one of the conferences of our data protection project, to be closed by this publication. With our partners, the Ministry of the Interior of Poland, the Polish Data Protection Authority (GIODO), the Ministry of Justice of Spain, the Council of Europe, the Acad- emy of European Law and the Offi ce of the Hungarian Data Protection Commissioner, we were seeking answers in three consecutive conferences to several issues that are related only to data protection in the narrow sense of the term, but in a broader context, they relate to several activities of economy and governance. During the term of the Hungarian Presidency we afforded special attention in the fi eld of home affairs and justice to data protection and treated it as a priority in Council work. The project gave us an excellent opportunity to discuss the current issues with academic representatives, the experts of the subject. The data protection framework of the European Union is going to be renewed comprehensively. The process of globalization, the emergence of new technologies, as well as the entry into force of the Treaty of Lisbon all require a review of the legal framework. The Directive of the European Union on data protection serves the protection of the individual and the free fl ow of personal data in the entire territory of the Union. It is expected that these two fundamental objectives will remain the focus of the future regulation as well. The lectures of the conferences also underpinned the concept that a stronger legislative harmonization would serve both protection of the rights of the individual and the free fl ow of data better than the current fragmented regulation that varies signifi cantly by country. In the fi eld of protecting the rights of the individual, the European Union should not set any other aim than to extend the data protection norms guaranteed within its own borders to data man- agement regimes that affect third countries or to cases where data are forwarded to countries outside the Union. For that purpose, it has become urgent to explore the opportunity provided by the Convention of the Council of Europe, furthermore, ultimately the development of global benchmarks. This work is now in progress, and obviously, the European Union must take the initia- tive in this fi eld. The sociological effects of global information society and its impact on public life could affect the lives of current and future generations to an extent not yet known. As deep as these impacts may be, concerning the handling of personal data we must never lose sight of our original objective: the 4 protection of the individual and human dignity. The exercise of individual rights should be enabled in a global environment as well, for that purpose, while maintaining the current level of protection, legal regulation should be adapted to the new conditions to the necessary extent. In addition to a global outlook, the European Union should develop a data protection regime that focuses on and serves its own objectives. Economic considerations call for a smoothly operating internal market without obstacles, within that data protection regulations ensuring the fl ow of data. The conferences have validated both the necessity and the feasibility of that. Our publication presents the written transcripts of selected lectures from the conferences organ- ized under the project. I trust that the readers of this volume will fi nd useful and interesting ideas in the publication. I would like to thank everyone who helped us with the completion of the project for their support and efforts. Tibor Navracsics Deputy Prime Minister Minister of Public Administration and Justice 5 header WELCOME SPEECH AT THE INTERNATIONAL DATA PROTECTION CONFERENCE IN BUDAPEST Róbert Répássy Minister of State responsible for Justice By the middle of the year the Hungarian Presidency hands over the presidential duties of the Euro- pean Union to Poland, both symbolically and in reality. During these weeks it already seems timely that we should draw up some kind of balance based on the achievements of the recent period. Topics of our conference focus around the legal environment protecting the private sphere of the individual, more specifi cally the assessment of the implementation of the right to the protection of personal data. Nevertheless, please let me give you a brief summary of the efforts of the Hungarian Presidency in the fi eld of justice. In January the Hungarian Presidency took over the presidential duties from Belgium with the fi rm belief that if we managed to make the European Union stronger during our term, all the twenty- seven member states would benefi t from it, including Hungary. We did not intend to enforce our interests from the position of the Presidency, on the contrary, we used our Presidency to promote common European interests. It is a great pleasure to see that this approach proved to be not only honest, but also effective in many areas. If I had to give a list about the priorities of the Hungarian Presidency in the fi eld of justice, I would mention the following and would be pleased to give an account of the progress made in the indi- vidual areas. • In order to implement the fundamental rights more effi ciently, we support the accession of the European Union to the European Human Rights Convention. The preparation phase consisted of three negotiation rounds, and during the term of the Hungarian Presidency we managed to conclude the expert level negotiations; • Also arising from our commitment to fundamental rights, we afford special attention to the fi rst annual report on the implementation of the Charter of Fundamental Rights. Concerning the more effi cient implementation of the rights contained in the Charter, we adopted Council conclusions; • In order to alleviate the administrative obstacles making the implementation of rights in eve- ryday life more diffi cult, we put on the agenda the questions raised in the communication of the Commission on the implementation of EU citizenship rights; • It goes without saying that the protection and assistance of citizens victimized by crime was one of our priorities. In the fi eld of protection of victims, the Council approved by means of a resolution the Hungarian Presidency’s roadmap which provides determining guidelines on the efforts of the Union in this fi eld, in relation to the Commission’s victim protection package; • Also in the fi eld of cooperation in criminal law, we managed to make progress concerning the directive on attacks against information systems; in the Council meeting held in the middle of June, the ministers approved a general approach; 6 General Context • Regarding the draft directive on combating the sexual abuse, sexual exploitation of children and child pornography, the so-called trialogues with the European Parliament are in progress and the enactment of this piece of legislation is now within reach; • Concerning the general part of the legislation aimed at creating the European Investigation Order, we have reached a general approach in the Council. • As regards participation in criminal procedure, we intended to make progress in the fi eld of relevant legislation uniformly applied in the Union, by accepting the draft on the right of the accused to information. Concerning this dossier, the trialogues conducted with the European Parliament are progressing well; • The Hungarian Presidency’s intention has been to promote the adoption of the succession law regulation, which will mean a new accomplishment in the Union level unifi cation of rules of private law, creating the “free traffi c” of resolutions adopted on matters of succession be- tween member states.