Feeds

'One size fits all' EU data law would undermine rights, says Clarke

Just too risky

Top three mobile application threats

"Harm can arise to the citizen where information is not being properly shared, by people he is entitled to assume are sharing it, as well as when it is shared carelessly, so our regime has both to protect the use of data, but also to enable the use of data for a proper purpose," Clarke said.

Clarke said that the European Commission's plans to revise the Data Retention Directive should be viewed "with caution". In April the Commission said it would consider strengthening regulations of the storage, access to and use of retained data to improve the protection of personal data.

Plans for a new EU Passenger Name Record (PNR) Directive should be broadened so that passenger details are recorded for all flights within the EU, Clarke said. The European Commission's plans for a new PNR Directive currently propose recording passenger's details for all flights to and from the EU.

"It makes no sense to collect PNR information on flights to and from third countries without also collecting the same information on flights between EU Member States," Clarke said.

Clarke described the UK's existing PNR arrangement with the US as "absolutely critical to improving US and EU security" and said that countries should share data collected on passengers.

"It was the use of Passenger Name Record data that enabled the identification of the terrorist facilitator at the heart of the Mumbai attacks," Clarke said.

"We will be positively negligent if we fail to take advantage of the improved security that we can give to passengers by properly pooling protected data that we both have," Clarke said.

Clarke said it was wrong to impose EU data protection laws on companies based elsewhere in the world that may handle EU citizens' personal information. "It’s wrong to view the extension of the application of European Union law on a global scale as some simple and unquestioned process," Clarke said.

"If we expect the EU regime to protect the data of EU citizens regardless of location, then it wouldn’t be unreasonable to expect Australians, Japanese and citizens from other countries working in the European Union to import their own legislative rights with them," Clarke said.

Clarke said new data protection laws should make it easier for companies to transfer customer data.

"We should consider moving from a system which restricts information based on national standards of data protection, to a system based on the standard of data protection of the particular company involved – far more relevant to modern methods of business," Clarke said.

The European Commission is expected to propose changes to the Data Protection Directive later this year.

See: Ken Clarke's speech at the British Chamber of Commerce in Brussels (10-page Word document – click through from link)

Copyright © 2011, OUT-LAW.com

OUT-LAW.COM is part of international law firm Pinsent Masons.

3 Big data security analytics techniques

More from The Register

next story
Putin tells Snowden: Russia conducts no US-style mass surveillance
Gov't is too broke for that, Russian prez says
Did a date calculation bug just cost hard-up Co-op Bank £110m?
And just when Brit banking org needs £400m to stay afloat
One year on: diplomatic fail as Chinese APT gangs get back to work
Mandiant says past 12 months shows Beijing won't call off its hackers
Lavabit loses contempt of court appeal over protecting Snowden, customers
Judges rule complaints about government power are too little, too late
MtGox chief Karpelès refuses to come to US for g-men's grilling
Bitcoin baron says he needs another lawyer for FinCEN chat
Don't let no-hire pact suit witnesses call Steve Jobs a bullyboy, plead Apple and Google
'Irrelevant' character evidence should be excluded – lawyers
EFF: Feds plan to put 52 MILLION FACES into recognition database
System would identify faces as part of biometrics collection
Ex-Tony Blair adviser is new top boss at UK spy-hive GCHQ
Robert Hannigan to replace Sir Iain Lobban in the autumn
Edward Snowden on his Putin TV appearance: 'Why all the criticism?'
Denies Q&A cameo was meant to slam US, big-up Russia
Reprieve for Weev: Court disowns AT&T hacker's conviction
Appeals court strikes down landmark sentence
prev story

Whitepapers

Securing web applications made simple and scalable
In this whitepaper learn how automated security testing can provide a simple and scalable way to protect your web applications.
3 Big data security analytics techniques
Applying these Big Data security analytics techniques can help you make your business safer by detecting attacks early, before significant damage is done.
The benefits of software based PBX
Why you should break free from your proprietary PBX and how to leverage your existing server hardware.
Top three mobile application threats
Learn about three of the top mobile application security threats facing businesses today and recommendations on how to mitigate the risk.
Combat fraud and increase customer satisfaction
Based on their experience using HP ArcSight Enterprise Security Manager for IT security operations, Finansbank moved to HP ArcSight ESM for fraud management.