Brussels, 24/02/2012 (Agence Europe) - On Thursday 23 February, the Obama administration unveiled its internet users' charter, which forms part of the broader White Paper on data protection in the digital world, based on a set of seven principles with which stakeholder companies will be obliged to conform. Differing from the European approach, which uses legally binding legislation - a regulation presented by Commissioner Viviane Reding on 25 January - the US administration's approach has gone for a far-reaching code of conduct which, if passed by Congress, will become law and will be binding on all companies which sign up. Thus, the Obama administration has ruled out simply depending on the goodwill of the internet giants and expects widespread support from those giants.
The charter is built around a series of rights for US citizens: individual control (each and every internet user should be able to have control over his/her personal data gathered by web players and be able to determine how they are used); transparency (how the data are stored, secured and handled, which must be clearly explained); respect for the context (consumers have the right to expect that organisations which gather and use the data remain within the framework for use defined with the internet user and not for other purposes); security; right of access (consumers have right of access and correction of personal data); and responsibility (consumers have the right to expect that personal data are handled by companies in line with data protection measures put in place).
This charter of rights was described as “historic” in a teleconference on Friday by Cameron K. Ferry of the Trade Administration, saying that this was a first in the history of American governments. Discussions will now begin with all the players involved - companies, associations, researchers, US administrations responsible for applying these principles, and also with international players, such as the EU. In the US on Thursday, a number of huge internet companies, such as Google and Facebook, announced, at the same time as the publication of the charter, that they would adhere to the principle of “Do not track” (that is, using information gathered on web users for commercial purposes). This, too, is a first - and an early indication of goodwill.
In the EU, the efforts of the Obama administration have been hailed, and, in a press release, Commissioner Reding even described the charter as “promising”, though it is only, she said, a start. However, though the two paths are coming ever closer in the desire to give internet users more power, not inconsiderable differences still remain between the EU and US. One need only look at how the two have chosen to proceed, with the EU opting for compulsion, and the possible imposition of sanctions. A further notable difference is in the “right to be forgotten”: this, Reding's flagship measure, which is intended to give internet users the right to have data gathered on them completely deleted, does not feature in the American charter of rights. (SP/transl.rt)