European Data Protection Law - Introduction
First of all, a short introduction was made about the role of the data protection commisioner in Hungary, namely, how was he or she elected, what are the main features and tasks of this position. As it was skeched in, the notion of data protection is legal protection of an individual’s privacy through regulating the processing of his/her personal data. Privacy is a claim, entitlement or right of an individual to determine what information about himself/herself may be communicated to others. In this relation, the measure of control, the state or consittion of limited access to a person are all the grounds of privacy. We have to differenciate between two main concepts: data protection and data security. There are a complex network and connetction between these two ideas. The next concept is the topic of personal data, which means any information relating to indentified or identifiable natural person. Directive 95/46/EC also clarifies what is the notion of ’identifiable person’.
After a breif summary of the history of data protection law, Mr. András Jóri spoke about the data protection in the world nowadays. He pointed out, that in the EU, Member States implemented data protection acts based on the above mentioned directive, but the level of protection varies considerably. In the USA there is patchwork regulation, and industry self-regulation-schemes, which is not adequate according to EU standards.
But why do we need data protection? There are different views, for example the economic theory says, secrets cause social costs without benefits, but the answer of the mainstream European constitutional lawyers is yes. The principle of democratic society contains a crucial feature: the role of privacy in building and determining our own identity.
One of the fundamental substance of data protection is the consent of the given person to handle his/her data. The lack of this consent varies from different generations and different cultures, as the commisioner illustrates it with the picture of different web sites. He emphasized on the case of AOL search database, which meant a great danger as it was also illustrated in the presentation.
The last question is about the future. In the commisioner’s view, the third generation data protection acts (TDDSG, 1997.) prepare the way towards the vision of privacy protection beyond data protection (IT - Grundrecht, German Constitutional Court, 2008.).
The main consequence was that notwithstanding the possible disadvantages of data protection, without privacy protection „freedom will diminish in such an unnoticed way as clean water and air has.” as László Sólyom says.