Feeds

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

Just too risky

Gartner critical capabilities for enterprise endpoint backup

"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.

Gartner critical capabilities for enterprise endpoint backup

More from The Register

next story
'Stop dissing Google or quit': OK, I quit, says Code Club co-founder
And now a message from our sponsors: 'STFU or else'
Top beak: UK privacy law may be reconsidered because of social media
Rise of Twitter etc creates 'enormous challenges'
Uber, Lyft and cutting corners: The true face of the Sharing Economy
Casual labour and tired ideas = not really web-tastic
Ex US cybersecurity czar guilty in child sex abuse website case
Health and Human Services IT security chief headed online to share vile images
Don't even THINK about copyright violation, says Indian state
Pre-emptive arrest for pirates in Karnataka
The police are WRONG: Watching YouTube videos is NOT illegal
And our man Corfield is pretty bloody cross about it
Oz biz regulator discovers shared servers in EPIC FACEPALM
'Not aware' that one IP can hold more than one Website
prev story

Whitepapers

Top 10 endpoint backup mistakes
Avoid the ten endpoint backup mistakes to ensure that your critical corporate data is protected and end user productivity is improved.
Implementing global e-invoicing with guaranteed legal certainty
Explaining the role local tax compliance plays in successful supply chain management and e-business and how leading global brands are addressing this.
Backing up distributed data
Eliminating the redundant use of bandwidth and storage capacity and application consolidation in the modern data center.
The essential guide to IT transformation
ServiceNow discusses three IT transformations that can help CIOs automate IT services to transform IT and the enterprise
Next gen security for virtualised datacentres
Legacy security solutions are inefficient due to the architectural differences between physical and virtual environments.