The European Community’s data protection proposals have been redrafted to ensure it does not hamper everyday transactions or news gathering, Reuter reports from Brussels. The new text, due to be approved in the next few days by the European Commission, eases proposed restrictions that critics said would have hindered everything from charity fund-raising to Electronic Fund Transfers. One key amendment would allow data to be transferred under certain conditions to third countries that do not have adequate privacy laws – such transactions were completely prohibited in the first text, causing panic in several quarters, notably the banking and travel industries. The new text, a copy of which was obtained by Reuters, would also ease a requirement that organisations notify public authorities before processing personal data. It would require national governments to exempt or provide simplified procedures for routine business operations. The new text would also require Community countries to exempt from the legislation data processed solely for journalistic purposes. Under the new proposals, Member States would remain free to determine the circumstances in which personal data may be disclosed to a third party for the purposes of market research or research being carried out by an organisation or other association or foundation, of a political nature for example, subject to the rule in Article 15(3), which allows a data subject – ghastly Eurojargon for an individual to object to the disclosure of data regarding him, at no cost and without having to state his reasons. The data subject’s consent means any express indication of his wishes by which the data subject signifies his agreement to personal data relating to him being processed, on condition he has available information about the purposes of the processing, the data or categories of data concerned, the recipient of the personal data, and the name and address of the controller and of his representative if any. The data subject’s consent must be freely given and specific, and may be withdrawn by the data subject at any time, but without retrospective effect.
Racial or ethnic origin
Member States shall prohibit the processing of data revealing racial or ethnic origin, political opinions, religious beliefs, philosophical or ethical persuasion or trade-union membership, and of data concerning health or sexual life unless the data subject has given his written consent, processing is carried out by a foundation or non-profit-making association of a political, philosophical, religious or trade union character in the course of its legitimate activities and the data is not disclosed to third parties without the data subject’s consent; or in cases where the processing is performed in circumstances where there is manifestly no infringement of privacy or fundamental freedoms. It still all sounds very fraught and problematic. The Commission said it drafted the privacy legislation, which must be approved by Community governments, both to protect human rights and to ensure countries do not hesitate to send data across borders in the post-1992 Single Market. The original text was criticised for what was seen as a rule that businesses, charities and political parties get prior consent from those they wanted to add to mailing lists; now they must only remove names on request.
