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Privacy in the european union
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THE COMPUTER lAW AND SECURITY REPORT
tioners in protecting the information assets of corporations in governmental organizations.
PRIVACY IN THE EUROPEAN UNION The EU Data Protection Commissioners met recently in Manchester. During the two day conference they looked at some key issues such as the steps being taken to implement the recently approved EU Data Protection Directive in Member States; the inadequacy of protection when data is sent to some third countries; the proposed special draft Data Protection Directive for telecommunications systems; and cooperation between data protection authorities themselves and with other bodies such as the European Commission and the Council of Europe. It was obviously quite a packed agenda. In particular, Mrs France, the UK Data Protection Registrar, said after the conference that it is most important the data protection commissioners cooperate regarding the protection of privacy of information about individuals %specially in the world of the Internet where such information is readily sent round the globe". Three key decisions were made at that meeting: (a) the Commissioners called upon the European Commission, the Council of Ministers and the Member States to ensure that the data protection rules - already applied in Member States - should be honoured by the institutions of the Community. (b) to ask the Council of Ministers to set up a supervisory body to watch over the design of the new computer system for maintaining criminal intelligence files in the new European Police Office so that privacy protection issues would be taken into account during its development; and (c) the Commissioners agreed that they would work together on privacy enhancing technologies to promote techniques for reducing the extent
to which personally identifiable information is used in information systems - hopefully to develop pilot projects which the Commissioners could examine at their next annual meeting and which could be used as models to promote the adoption of such techniques in industry, commerce and public administration. Heather Rowe, Report Correspondent, Lovell White Durrant
REGULATION AND THE INFORMATION SUPERHIGHWAY It is believed that the European Commission is planning a proposal for a "transparency mechanism" in relation to the information superhighway. This would require Member States to notify any planned regulations which would affect the free flow of services on the information superhighway. The proposal will be made underArtide 59 of the EU Treaty regarding the freedom to provide services. This means that it would require co-decision with the European Parliament. It would be similar to the existing procedure under which Member States are obliged to notify any new regulations made on the grounds of public interest which might impede the free flow of goods. A date has not yet been given for adoption of a proposal by the Commission. Heather Rowe, Report Correspondent, Lovell White Durrant SIMPLER LEGISLATION FOR THE SINGLE M A R K E T Simpler and more effective EU legislation is the aim of the SLIM initiative (Simpler Legislation for the Internal Market), launched by the European Commission. SLIM responds to demands from Member States and industry for rapid action and concrete results, linked to the need to promote growth and employment in the EU. In the initial phase, SLIM teams, consisting of representatives of the Commission, Member States and those directly affected by the legislation - industry, small businesses and consumers - will look at plant legislation, the recognition of diplomas, technical rules for construction products, and intrastat - the system
261
[1996] 112 C[SR
for collecting data on intra-Community trade. The Commission plans to put the first proposals for simplification to the Internal Market Council in November 1996.
STATE AID, SMEs AND TECHNOLOGY Investment in transfers of technology will be eligible for the same favourable level of aid as tangible investment, under new guidelines for state aid to small and medium-sized enterprises (SMEs) agreed recently by the Commission. Aid for the acquisition of patent right, licences, know-how, or unpatented technical knowledge, will now be allowed at the same level as the tangible investment: 15% for small enterprises and 7.5% for medium-sized enterprises. Other changes to the guidelines, which were first adopted in 1992, take account of the new common definition of SMEs agreed by the Commission in February, and clarify the concept of tangible investment. While retaining the 50% threshold of aid to help SMEs with consultancy services and training, the rules specify that it cannot be used for on-going tax consultancy, legal or advertising services.
EC TELECOMS COUNCIL The Internet came under scrutiny recently when the Council reviewed the need for arrangements at EU or other level to deal with privacy, intellectual property and criminal activities. After discussion with their colleagues responsible for cultural affairs, ministers asked the Commission to prepare a study on this subject. Commissioner Martin Bangemann presented the Commission's communication on universal telecoms service. The Council is likely to approve a resolution on the paper at its next meeting. Ministers also discussed the Commission's proposed Directive on the development of the postal service, and Commissioner Bangemann updated the Council on the state of play of World Trade Organization necjotiations on telecoms.
THE FIGHT AGAINST FRAUD European tax payers must know that their money is well spent, according to Commissioner Anita Gradin. Presenting the
THE COMPUTER lAW AND SECURITY REPORT
tioners in protecting the information assets of corporations in governmental organizations.
PRIVACY IN THE EUROPEAN UNION The EU Data Protection Commissioners met recently in Manchester. During the two day conference they looked at some key issues such as the steps being taken to implement the recently approved EU Data Protection Directive in Member States; the inadequacy of protection when data is sent to some third countries; the proposed special draft Data Protection Directive for telecommunications systems; and cooperation between data protection authorities themselves and with other bodies such as the European Commission and the Council of Europe. It was obviously quite a packed agenda. In particular, Mrs France, the UK Data Protection Registrar, said after the conference that it is most important the data protection commissioners cooperate regarding the protection of privacy of information about individuals %specially in the world of the Internet where such information is readily sent round the globe". Three key decisions were made at that meeting: (a) the Commissioners called upon the European Commission, the Council of Ministers and the Member States to ensure that the data protection rules - already applied in Member States - should be honoured by the institutions of the Community. (b) to ask the Council of Ministers to set up a supervisory body to watch over the design of the new computer system for maintaining criminal intelligence files in the new European Police Office so that privacy protection issues would be taken into account during its development; and (c) the Commissioners agreed that they would work together on privacy enhancing technologies to promote techniques for reducing the extent
to which personally identifiable information is used in information systems - hopefully to develop pilot projects which the Commissioners could examine at their next annual meeting and which could be used as models to promote the adoption of such techniques in industry, commerce and public administration. Heather Rowe, Report Correspondent, Lovell White Durrant
REGULATION AND THE INFORMATION SUPERHIGHWAY It is believed that the European Commission is planning a proposal for a "transparency mechanism" in relation to the information superhighway. This would require Member States to notify any planned regulations which would affect the free flow of services on the information superhighway. The proposal will be made underArtide 59 of the EU Treaty regarding the freedom to provide services. This means that it would require co-decision with the European Parliament. It would be similar to the existing procedure under which Member States are obliged to notify any new regulations made on the grounds of public interest which might impede the free flow of goods. A date has not yet been given for adoption of a proposal by the Commission. Heather Rowe, Report Correspondent, Lovell White Durrant SIMPLER LEGISLATION FOR THE SINGLE M A R K E T Simpler and more effective EU legislation is the aim of the SLIM initiative (Simpler Legislation for the Internal Market), launched by the European Commission. SLIM responds to demands from Member States and industry for rapid action and concrete results, linked to the need to promote growth and employment in the EU. In the initial phase, SLIM teams, consisting of representatives of the Commission, Member States and those directly affected by the legislation - industry, small businesses and consumers - will look at plant legislation, the recognition of diplomas, technical rules for construction products, and intrastat - the system
261
[1996] 112 C[SR
for collecting data on intra-Community trade. The Commission plans to put the first proposals for simplification to the Internal Market Council in November 1996.
STATE AID, SMEs AND TECHNOLOGY Investment in transfers of technology will be eligible for the same favourable level of aid as tangible investment, under new guidelines for state aid to small and medium-sized enterprises (SMEs) agreed recently by the Commission. Aid for the acquisition of patent right, licences, know-how, or unpatented technical knowledge, will now be allowed at the same level as the tangible investment: 15% for small enterprises and 7.5% for medium-sized enterprises. Other changes to the guidelines, which were first adopted in 1992, take account of the new common definition of SMEs agreed by the Commission in February, and clarify the concept of tangible investment. While retaining the 50% threshold of aid to help SMEs with consultancy services and training, the rules specify that it cannot be used for on-going tax consultancy, legal or advertising services.
EC TELECOMS COUNCIL The Internet came under scrutiny recently when the Council reviewed the need for arrangements at EU or other level to deal with privacy, intellectual property and criminal activities. After discussion with their colleagues responsible for cultural affairs, ministers asked the Commission to prepare a study on this subject. Commissioner Martin Bangemann presented the Commission's communication on universal telecoms service. The Council is likely to approve a resolution on the paper at its next meeting. Ministers also discussed the Commission's proposed Directive on the development of the postal service, and Commissioner Bangemann updated the Council on the state of play of World Trade Organization necjotiations on telecoms.
THE FIGHT AGAINST FRAUD European tax payers must know that their money is well spent, according to Commissioner Anita Gradin. Presenting the