In an
update on data protection in Europe, EDPS Peter Hustinx said that
security concerns were not an adequate reason to undermine data
protection principles.
"It is a misconception that protection of privacy and personal
data holds back the fight against terrorism and organised crime,"
said Hustinx. "Current legislation does allow, for instance, law
enforcement to check suspicious phone numbers found in a computer.
"
The EDPS has recently advised EU bodies on controversial issues
of data protection such as the disputed transfer of airline
passenger data to the US, telecoms data retention and EU
information technology systems.
New laws and practices are being introduced in the aftermath of
terrorist attacks in the US, Madrid and London which put security
concerns and data protection in direct conflict. An EU deal cut
with authorities in the US to transfer airline passenger data was
opposed by the EU Parliament and struck down by the European Court
of Justice on procedural grounds.
Other legislation causing controversy are the laws introduced by
member states to comply with the Data Retention Directive. The
Directive calls for telephone, email and internet data to be kept
for up to two years by telecoms firms and is being opposed by civil
rights groups.
One group, Digital Rights Ireland, is taking the Irish
government to court over the Irish law based on the Directive and
hopes to overturn the Directive itself. The Irish state is also
taking a legal challenge against the Directive, but on procedural,
not privacy, grounds.
Hustinx said that the idea that a state must choose either good
security or good data protection is flawed. "Good data protection
actually goes hand in hand with legitimate crime fighting because
it increases the quality of databases and at the same time makes
sure that only the right people can access them," he said.
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