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Data Protection in the New European Union Member States Czech Republic Karel Neuwirt The Data Protection in the New European Union Member States Czech Republic Karel Neuwirt The Office for Personal Data Protection BIICL, London, 15 February 2005 1

Historical Landscape BIICL, London, 15 February 2005 2 Historical Landscape BIICL, London, 15 February 2005 2

The Czech Republic 10, 2 million population n 78 866 sq. km n Borders The Czech Republic 10, 2 million population n 78 866 sq. km n Borders with Germany, Poland, Austria, Slovakia n President (Vaclav Klaus) n Two chambers’ Parliament n Government – Prime Minister Stanislav Gross, 16 Ministers n BIICL, London, 15 February 2005 3

Legislation Czechoslovak Constitution (1920) n Czech Constitution + Charter of Fundamental Rights and Freedoms Legislation Czechoslovak Constitution (1920) n Czech Constitution + Charter of Fundamental Rights and Freedoms (1993) n Specific laws (regulate PD processing in specific areas) n Ratification of Human Rights Convention n Ratification of the Convention 108 (2001) n Ratification of the Additional Protocol to C 108 (2003) n BIICL, London, 15 February 2005 4

Data protection n 1992 – Act no. 256 - on Protection of Personal Data Data protection n 1992 – Act no. 256 - on Protection of Personal Data in Information Systems n 2000 - Act no. 101 - on Personal Data Protection (adopted April 4) n Harmonization with C 108 and General EU Directive – positions of Co. E and EC BIICL, London, 15 February 2005 5

DP Act 1992 First DP law in the CR (former Federal Czech and Slovak DP Act 1992 First DP law in the CR (former Federal Czech and Slovak Republic Law) n Not harmonized with Convention 108 n Especially – no sanctions, no supervision n Art. 24 – expected supervision body n BIICL, London, 15 February 2005 6

Convention No. 108 The 1 st legally binding international data protection instrument Ratification – Convention No. 108 The 1 st legally binding international data protection instrument Ratification – „old“ EU countries + Bulgaria, n Estonia, Hungary, Poland, Romania, Slovenia, Slovakia, Lithuania, Latvia, Malta n Czech Republic – signature Sept. 8, 2000 ratification July 9, 2001 entry into force Nov. 1, 2001 BIICL, London, 15 February 2005 7

Additional Protocol No. 181 n Additional Protocol to the Convention 108 regarding supervisory authorities Additional Protocol No. 181 n Additional Protocol to the Convention 108 regarding supervisory authorities and transborder data flows ETS no. 181 – 8. 11. 2001 (open for signature) n Signature – 28 countries Slovakia, Lithuania, Czech Republic (Apr. 10, 2002), Poland n Ratification – 7 countries Slovakia, Lithuania, Czech Republic (Sept. 24, 2003) BIICL, London, 15 February 2005 8

Czech DP activities in Europe n Council of Europe CJ-PD (till the end 2003) Czech DP activities in Europe n Council of Europe CJ-PD (till the end 2003) T-PD (1 st vice-chair since 2003) member of the Co. E’s expert missions (Russia, Bosnia & Herzegovina, Cyprus) n European Commission n WP 29 Committee 31, Joint Supervisory Bodies (vice-chair of JSB Europol, Berlin Group (DP in telecommunication) OECD BIICL, London, 15 February 2005 9

EU Directive Transposition BIICL, London, 15 February 2005 10 EU Directive Transposition BIICL, London, 15 February 2005 10

DP Act no. 101 of 2000 n Application of the Law - - - DP Act no. 101 of 2000 n Application of the Law - - - Applies to any PD processing (unless special law otherwise specifies) Applies to both public and private sectors Applies to automatic and non-automatic processing Exemptions (partly) for Third pillar processing BIICL, London, 15 February 2005 11

Competences of the Office Act no. 101/2000 Coll. , - data protection n Act Competences of the Office Act no. 101/2000 Coll. , - data protection n Act no. 133/2000 Coll. , - birth date certificate (identity number) n Act no. 480/2004 Coll. , - unsolicited messages n CR cooperate in combat “spam” – see: n European countries launch joint drive to combat “spam” EU Press IP/05/146 BIICL, London, 15 February 2005 12

Supervision n Independent supervisory body – The Office for Personal Data Protection Independence on Supervision n Independent supervisory body – The Office for Personal Data Protection Independence on the Government n Separate budget (independent on ministries) n Tasks given by law only, not by the Cabinet n BIICL, London, 15 February 2005 13

Sanctions n The Office competence to give fines and sanctions Fines up to EUR Sanctions n The Office competence to give fines and sanctions Fines up to EUR 312 000 (EUR 630 000 resp) n Sanctions to natural person up to EUR 1 500 n Chapter VII of the Law BIICL, London, 15 February 2005 14

Amendment 2004 Full harmonization with the General Directive n Solve problem with: definitions, exemptions, Amendment 2004 Full harmonization with the General Directive n Solve problem with: definitions, exemptions, forms of consent, transborder data flows, notification to data subject n Biometric data as sensitive data n BIICL, London, 15 February 2005 15

Harmonization issues Processing of National identifier is not regulate by DP Law (but by Harmonization issues Processing of National identifier is not regulate by DP Law (but by Law on Population register and Date of birth – Act no. 133/1999 Coll. ) n National identifier (Rodne cislo) is not under regime of special categories of data – article 8 n Codes of conduct (art. 27) n Notification – art. 20(1) as problem (prior examination) n BIICL, London, 15 February 2005 16

DPA Approach BIICL, London, 15 February 2005 17 DPA Approach BIICL, London, 15 February 2005 17

Activities Notification exemptions by DP law (low risks processing – small societies, processing by Activities Notification exemptions by DP law (low risks processing – small societies, processing by special laws) 21 700 controllers notified 25 000 processing of data (databases) BIICL, London, 15 February 2005 18

Legislation n The Office is responsible for DP legislation - common DP law - Legislation n The Office is responsible for DP legislation - common DP law - special sectorial legislation : according legislative rules it is obligation to submit bills to OPDP for comments BIICL, London, 15 February 2005 19

Specific problems n Application DP principles into practice Conflicts with old legislation n Change Specific problems n Application DP principles into practice Conflicts with old legislation n Change meaningful of citizens, controllers, processors, low willingness change till today practices n Historical “stones” n BIICL, London, 15 February 2005 20

Application DP principles Consultations n Popularization n Written answers to questions n Web sites Application DP principles Consultations n Popularization n Written answers to questions n Web sites n Annual Report n Position papers, opinions – regularly issued; no guidelines till now BIICL, London, 15 February 2005 21

Mass media Contacts with mass media agencies newspapers TV Broadcasting BIICL, London, 15 February Mass media Contacts with mass media agencies newspapers TV Broadcasting BIICL, London, 15 February 2005 354 in 2004 22

Publications The Official Journal (36 issues) n Bulletin (quarterly) n Articles in magazines n Publications The Official Journal (36 issues) n Bulletin (quarterly) n Articles in magazines n Books (2) n BIICL, London, 15 February 2005 23

Inquiries Year 2004 – 6 539 inquiries 975 5 207 357 n by e-mail Inquiries Year 2004 – 6 539 inquiries 975 5 207 357 n by e-mail by phone by post Complaints 641 (incl. 306 for unsolicited messages) BIICL, London, 15 February 2005 24

Changes ahead BIICL, London, 15 February 2005 25 Changes ahead BIICL, London, 15 February 2005 25

DP and accession to EU DP legislation – harmonized with Directive n EC Peer DP and accession to EU DP legislation – harmonized with Directive n EC Peer Review evaluation n Regular Reports on the CR progress toward accession … n International Conference Accreditation n European DP Commissioners Conference n EC Phare projects – co-operation with Spain (DP authority) n BIICL, London, 15 February 2005 26

Changes DP Act no. 101 amended in 2004 n Directive 2002/58/EC implemented by - Changes DP Act no. 101 amended in 2004 n Directive 2002/58/EC implemented by - Act no. 480/2004 Coll. , on some services in the information society ; - new law on electronic communications (Bill in the Parliament) n BIICL, London, 15 February 2005 27

Changes cont. Changes of special laws (sectorial) – permanent task n Need to change Changes cont. Changes of special laws (sectorial) – permanent task n Need to change legislation on public registers n Need to change medical law (on care on people health) n BIICL, London, 15 February 2005 28

The rights of men must be held sacred, however much sacrifice it may cost The rights of men must be held sacred, however much sacrifice it may cost the ruling power. Immanuel Kant Perpetual Peace, 1795 BIICL, London, 15 February 2005 29

Contacts • The Office for Personal Data Protection Pplk. Sochora 27, CZ-170 00 Prague Contacts • The Office for Personal Data Protection Pplk. Sochora 27, CZ-170 00 Prague 7 Czech Republic tel. : +420 234 665 442 fax: +420 234 665 512 info@uoou. cz http: //www. uoou. cz BIICL, London, 15 February 2005 30