Survey
* Your assessment is very important for improving the workof artificial intelligence, which forms the content of this project
* Your assessment is very important for improving the workof artificial intelligence, which forms the content of this project
Transborder data flows and fight against terrorism Belgian view on the latest developments Anne-Christine Lacoste Belgian data protection Commission Larnaca – Spring conference European DPAs 10-11 May 2007 General context Transfer of data from the private sector to public authorities – hybrid situation Third countries – no adequate protection examples: Swift PNR Pre-trial procedures Main issues Systematic requests (no case by case) Question of purpose limitation (terrorism – terrorism related – public health …) Sharing of information between recipients in third country Manipulation of data, data mining – ATS (PNR) Main issues « SWIFT paradox » Discrimination between access to data in the EU and in the US Application of different rules – different levels of data protection See evolution in PNR case a European PNR Temptation of European access to SWIFT data Need of in depth discussion – recall of fundamental principles (proportionnality, necessity: not only transparency) Legal framework Complexity of the framework: At European level (Ist and IIId pillar) At international level (European principles and third country legislation) Compliance with the international agreements? (conditions of access to Europol, Interpol, FATF agreement, Egmont network, draft treaty on mutual legal assistance) Role of DPAs Determine applicable law (criteria of competence) Take action at national level Contact with controllers Contact with public authorities Administrative/criminal sanctions Judicial decisions Take action at international level Harmonised positions (art29WP) Hearing and discussion with European parliament Dialogue with european and US authorities The SWIFT case Shows extent and limits of DPAs’ powers (press, sanctions, political aspects) Game of influences Important not to underestimate: The economic aspects (US interests - $ as currency) The control on information (initiatives of EU Parliament, position of banks, etc) The coordination (simultaneous and persistant pressure of DPAs on actors concerned) Common agenda (subgroup 29WP) Conclusions First results: transparency – regionalisation of network? What we expect at european level: information AND proportionnality Dialogue with the US is essential Acknoledgement of the role of DPAs Thank you