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Challenges for European Data Protection

Key aspects of the activity of the Art. 29 Working Party

by Peter Schaar, Federal Commissioner of Data Protection and Freedom of Information

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Data Protection – A European Basic Right

Also on a European level, data protection was anchored as a basic right for everybody.

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Data Protection Working Party established by Article 29 of the EC-Data Protection Directive

Harmonisation of European data protection as a mission for the future.

In addition to advising the Commission, one essential task of the group is to advance harmonisation of data protection within the European Union.

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Eurodac

The Eurodac system is intended to make it possible to check the fingerprints of asylum seekers and illegal immigrants throughout Europe.

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Eurojust

Eurojust is an institution of the European Union which is provided with its own legal entity. It was established with a view to improving the judicial co-operation between the Member States, in particular concerning the fight against severe and organised crime.

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European Arrest Warrant

The European arrest warrant is intended to replace the current rules on extradition between EU member states, thereby strengthening cooperation between judicial authorities in the member states.

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Resolution by the Article 29 Working Party on the 2nd European Data Protection Day

The fundamental right to privacy and in particular the right to informational self determination remain the lifeblood of our modern information societies even in times where the fight against terrorism and organised crime makes it harder to strike the right balance between security demands and the protection of individual rights. A transparent citizen will never be compatible with human dignity.

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Retention of telecommunications data for later use

Opinion and resolutions of the Article 29 Working Party on traffic data retention

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Safe Harbor

With regard to the transfer of personal data from the European Union to the USA, the regulations in Article 25 and 26 of the European Data Protection Directive serve as basis. According to these regulations, transferring data to third countries is in principle only possible if these countries guarantee an adequate level of protection as required by the Directive.

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Safe-Harbor-Review

The European Commission found out shortcomings in the implementation of the Safe-Harbor agreement. An evaluation of the impact the laws, passed by the USA following the events of 11 September 2001, have on Safe Harbor is yet to come.

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The increasing significance of European legal instruments and their impact on data protection

The announcement of a European area of freedom, security and justice renders the creation of a harmonized data protection also in the field of fighting crime urgently necessary.

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THE SCHENGEN INFORMATION SYSTEMA GUIDE FOR EXERCISING THE RIGHT OF ACCESS

This Guide describes the arrangements for exercising the right of access to the Schengen Information System (SIS). While initially intended for data subjects in order to assist them in exercising their right of access, it is meant to be a source of practical information which can also be consulted by anyone with a professional interest in rights of access (e.g. data protection authorities, police forces, aliens departments, lawyers).


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The transposition of the Data Protection Directive 95/46/EC in the EU Member States

At present, the EU-Commission report on the transposition of the EC-Data Protection Directive does not give cause for any amendment.

The Commission report of 15 May 2003 on the implementation of the Data Protection Directive (EC 95/46 COM (2003) 265 final) presented to the European Parliament was long since overdue, as it should have been finalized already three years after the adoption of the Directive. This delay was also due to individual Member States transposing the Directive only in a hesitant way, and some of them implemented it as late as in 2004.

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Transborder flows of personal data require global solution

A consultation process on the post-2015 development framework organised by the United Nations provides the chance to agree on global legal standards for the effective protection of privacy and personal data.

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Transfer of Passenger Name Records: The transparent passenger

The last word about the agreement between the USA and the EU on the transfer of Passenger Name Records has not yet been spoken.

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US ESTA

Data of a person travelling to the USA have already arrived there before the plane takes off in Germany. For a couple of years, air carriers are obliged to transfer their passengers’ booking data electronically in advance to US authorities.

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