Ulrich Beck mutual and societal trust in international
Ulrich Beck, mutual and societal trust in international corporation between data protection authorities’ Prof. Paul De Hert 1
Today’s Lessons • Globalisation (of personal data processing) needs to be dealt with; • Challenges may come from anywhere: technological developments, consumer trends or, even, security revelations (the Snowden case); • International cooperation is of central importance – but needs to be streamlined (model contracts, BCRs, Safe Harbour) or otherwise it becomes difficult (only a handful of countries found “adequate” until today) 2
The international scene: • Data protection/information privacy laws proliferate globally, but no global coverage; • The world is (broadly) divided into countries following the EU model (thus aiming ultimately at “adequacy” status); countries with alternative modles (perhaps most notably the USA) and others (having nothing); • (non-European) international organisations are only partially interested (esp. the UN); • Soft law abounds (web seals, codes of practice, industry standards); However, no unifying approach is in place or even contemplated 3
Ulrich Beck (19442015) • The Cosmopolitan Condition: Why Methodological Nationalism Fails, in: Theory, Culture & Society 2007 • The Terrorist Threat: World Risk Society Revisited, in: Theory, Culture & Society 2002 18 april 2008 4
Global risks • Global risks are the expression of a new form of global interdependence, which cannot be adequately addressed by way of national politics, nor by the available forms of international co-operation (2007: 289). 18 april 2008 5
Tragic individualisation • “The individual must cope with the uncertainty of the global world by him- or herself. Here individualization is the default outcome of a failure of expert systems to manage risks” (20047: 289). 18 april 2008 6
But global fate community • “But that doesn’t change the principle that everyone is affected (…) Thus, in a way, these problems endow each country with a common global interest, which means that, to a certain extent, we can already talk about the basis of a global community of fate (2002: 42)”. 18 april 2008 7
options • Quest for global solutions with further global institutions and regulations • Resistance to globalization only accelerates it • Nation states as zombie idea • Sharing sovereignty (2002: 49) 18 april 2008 8
• “World risk society is forcing the nation-state to admit that it cannot live up to its constitutional promise to protect its citizens’ most precious asset, their security. . “ (2002: 48) 18 april 2008 9
transnational cooperation as a solution • “This leads to the paradoxical maxim that, in order to pursue their national interest, countries need to denationalize and transnationalize themselves. In other words, they need to surrender parts of their autonomy in order to cope with national problems in a globalized world” (2002: 48) 18 april 2008 10
Consequences for EU dpa’s • European political project as way in building cosmopolitan state • Intelligent one stop shop is way ahead and proximity should not be overrated • Mutual trust is key (recent display of distrust is sham) 18 april 2008 11
Establishing mutual trust • CEJ case law independence • WP 29 guidance on proper resources for each DPA • Guidance on annual reporting to better compare performance: 18 april 2008 12
Read more • Reforming Reporting of Privacy Cases: A Proposal for Improving Accountability of Asia-Pacific Privacy Commissioners by Graham Greenleaf http: //papers. ssrn. com/sol 3 /papers. cfm? abstract_id=51 2782 18 april 2008 13
Do not forget societal trust • Wagging war with Facebook in 3 or 4 countries simultaneously is no display of strenght and raises due process question (Compare with Swift case coordination) 18 april 2008 14
• Thank you !! • http: //www. phaedraproject. eu/ 18 april 2008 15
- Slides: 15