Civil Liberties and Security in Cyberspace - Hoover Institution

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Hoover Press : Cyber DP5 HPCYBE0500 06-11-:1 11:53:04 rev1 page 190 International Organizations National Legislation COE Recommendation 2000 — 1998 — Greece 1996 — Finland Italy South Africa EU Directive Sweden 1994 — New Zealand Belgium Switzerland Spain Slov./Czec. Hungary 1992 — UN Guidelines 1990 — Portugal Slovenia COE Guidelines 1988 — Ireland Finland Japan Netherlands 1986 — 1984 — United Kingdom San Marino 1982 — Australia Canada COE Convention Iceland Israel OECD Guidelines 1980 — Luxembourg 1978 — Denmark Germany France Norway Austria 1976 — 1974 — United States Sweden 1972 — Fig. 1. Development of law for privacy protection in cyberspace. Updated from Ulrich Sieber, “Legal Aspects of Computer-Related Crime in Information Society” (1998).
Hoover Press : Cyber DP5 HPCYBE0500 06-11-:1 11:53:04 rev1 page 191 Civil Liberties and Security in Cyberspace 191 Personal Data Flow” (1989). 13 The United Nations (UN) produced “Guidelines for the Regulation of Computerized Personal Data Files” (1989). 14 These documents establish principles of minimum privacy guarantees for personal information at all stages of its collection, storage, and dissemination by other parties. They also create new rights for “data subjects”—those whose data are collected and manipulated by government agencies, businesses, and so on—requiring that accurate and up-to-date personal information must be obtained fairly and lawfully, used only for the original, intended purpose, and destroyed after the purpose is achieved. Data subjects are granted the right to access and amend information about them. The 1995 European Union (EU) Data Protection Directive established a regulatory framework for free movement of personal data, while allowing individual EU countries to exercise their unique approaches to implementation. “Data subjects” are guaranteed the right to know where the data originated, the right to have inaccurate data corrected, the right of appeal in the case of unlawful processing, and the right to deny permission to use data under certain circumstances. 15 The 1999 COE Recommendation provides guidelines for the protection of privacy on the Internet. 16 Whereas the COE and UN guidelines 13. The Convention (ETS no. 108, January 28, 1981, Entry into force: October 1, 1985) has since become law in over twenty countries. See “Privacy and Human Rights: An International Survey of Privacy Laws and Developments,” Electronic Privacy Information Center (EPIC) in association with Privacy International (1999), p. 10. 14. UN GA Res. 44/132, 44 UN GAOR Supp. (No. 49) at 211, UN Doc. A/44/ 49 (1989). 15. Directive 95/46/EC of the European Parliament and of the Council “On the protection of individuals with regard to the processing of personal data and on the free movement of such data.” “Council Definitively Adopts Directive on Protection of Personal Data,” European Commission Press Release: IP/95/822, July 25, 1995. 16. Recommendation no. R(99)5 of the Committee of Ministers to Member States for the “Protection of Privacy on the Internet: Guidelines for the protection of individuals with regard to the collection and processing of personal data on information highways,” adopted by the Committee of Ministers at the 660th meeting of the Ministers’ Deputies, February 23, 1999. The text of the Recommendation can be viewed at http://www.coe.fr/cm/ta/rec/1999/99r5.htm.
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