Brussels, 16/03/2011 (Agence Europe) - Cable Europe (cable television operators), ECTA (new telecoms operators), ETNO (historic operators), EuroISPA (internet services suppliers) and GSMA (mobile communications operators), which together represent the whole European electronic communications industry, released a joint statement on Tuesday 15 March in which they set out their observations on the review of the directive on data protection which is currently taking place as part of the consultation process being conducted by the European Commission. They say the reform should provide a clear framework, adapted to technological developments, which allows users to manage their personal data in simple, clear and contextually appropriate ways. “Data protection rules should be flexible, technologically neutral and horizontally apply to all economic sectors and actors processing personal data”, the five associations say. More specifically, the industry sets out its recommendations. 1) Level competition playing field. The current review of the directive should aim to create a true “level playing field” for all
businesses processing personal data. All online service providers that run websites and or provide services and applications that target European citizens should benefit from the same level playing field (“same services, same rules”). EU citizens' personal data shall be granted the same level of protection, regardless of the geographical location or the economic sector of the service provider. 2) Harmonisation. The current lack of harmonisation has led to important operational challenges and an inability to provide individuals with a consistent privacy experience due to inconsistencies in interpretation and application of the rules, and a consequent lack of clarity and legal certainty. The protection of EU citizens' privacy will only be ensured if the internal market in the area of privacy and data protection is fully achieved. 3) International data transfers. Focus should be put on reducing complexity and costs associated with the current rules for international data transfers outside the European Union. These rules need to be adapted and modernised. Considering the new economic reality, personal information flowing across borders has become a norm. 4) Reduction of the administrative burden. One way to achieve harmonisation is to reduce administrative burdens imposed on data controllers which do not enhance the privacy of individuals or the security of their data. Bureaucratic obstacles to the free movement of data are inhibiting the development of “cloud” services which are increasingly underpinning the “digital environment” and driving innovation and growth. The proposed framework on data protection and privacy should draw on industry technological innovation and self regulatory codes to provide a dynamic and timely response to changes in the privacy landscape. 5) Education and awareness. Individuals are increasingly becoming the data controllers of their own data as they seek to publish and share their information online. Education is a key component of ensuring individuals are better enabled to be aware of not only the privacy implications relating to their use of a product or service, but also their responsibilities in exercising preference, choice and control over the use of their data. 6) Balance between data protection and innovation. Overly cautious and strict rules on matters such as consent and notice are not suitable for the digital environment and could damage innovation in future technology and business models without enhancing an individual's privacy. Data protection rules should be flexible enough to strengthen innovation and allow the development of new services, increasing mobility of personal data.
While the 1995 directive offered protection and maintained consumer confidence, the new framework must be able to withstand the test of time and be flexible enough to adapt to changes so as not to slow innovation, the five associations says in conclusion. The sector says it is ready to work with the Commission and the other stakeholders to develop a framework able to face all challenges and to achieve the objectives of the Digital Agenda for Europe, so dear to the Commission. (I.L./transl.rt)