Transborder data flows and fight against terrorism Belgian
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 n Transfer of data from the private sector to public authorities – hybrid situation n Third countries – no adequate protection n examples: Swift PNR Pre-trial procedures
Main issues n Systematic requests (no case by case) n Question of purpose limitation (terrorism – terrorism related – public health …) n Sharing of information between recipients in third country n Manipulation of data, data mining – ATS (PNR)
Main issues n « SWIFT paradox » Discrimination between access to data in the EU and in the US Application of different rules – different levels of data protection n See evolution in PNR case a European PNR n Temptation of European access to SWIFT data n Need of in depth discussion – recall of fundamental principles (proportionnality, necessity: not only transparency)
Legal framework n Complexity of the framework: At European level (Ist and IIId pillar) n At international level (European principles and third country legislation) n Compliance with the international agreements? (conditions of access to Europol, Interpol, FATF agreement, Egmont network, draft treaty on mutual legal assistance) n
Role of DPAs n Determine applicable law (criteria of competence) n Take action at national level n n n Contact with controllers Contact with public authorities Administrative/criminal sanctions Judicial decisions Take action at international level n n n Harmonised positions (art 29 WP) Hearing and discussion with European parliament Dialogue with european and US authorities
The SWIFT case n Shows extent and limits of DPAs’ powers (press, sanctions, political aspects) n Game of influences n Important not to underestimate: n n 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 29 WP)
Conclusions n First results: transparency – regionalisation of network? n What we expect at european level: information AND proportionnality n Dialogue with the US is essential n Acknoledgement of the role of DPAs
Thank you
- Slides: 9