7.2.1. Main concept of personal data protection
EU law
Under EU law, personal data can only be gathered legally under strict conditions read more , for a legitimate purpose read more . Furthermore, persons or organizations which
collect and manage your personal information must protect it from misuse
and must respect certain rights of the data owners read more which are guaranteed by
EU law.
Problems
the rules sound like contradicting the cloud technology!
EU motto
In theory, yes. In practice ... . The reality is much different.... common EU rules have been established to ensure that your personal data enjoys a high standard of protection everywhere in the EU. You have the right to complain and obtain redress if your data is misused anywhere within the EU.
Cross border problems
- the personal data are especially protected in EU, but not in the USA
- legal unification in EU is a principle, but details differ
- main problem: cross border processing (different rules, restrictions to
export data). what to do?
-
for every two countries A and B it is necessary to know
the legal interface between the legal system in A and legal
system in B.
\( \frac{27 \cdot 26}{2} = 351 \) interfaces needed for \(27\) countries!
-
for every two countries A and B it is necessary to know
the legal interface between the legal system in A and legal
system in B.
Example: whom to talk with in case of personal data misuse?
- PL
- GIODO (central authority),
- Germany
- data commissioners on the level of Land (Berlin, Brandenburg, Hessen, Saarland, etc, etc) What if a cloud installation in Bremen (Land Bremen) has backup servers in Osnabruck (Land Niedersachsen)?
Attitudes in different countries
a study concerning the approaches in EU: http://ec.europa.eu/public_opinion/archives/ebs/ebs_359_en.pdf