DATA PROTECTION : HUSTINX CRITICISES COUNCIL POSITION ON TELECOMS PACKAGE.

The European Data Protection Supervisor (EDPS), Peter Hustinx, whose consultative functions have just been renewed, does not agree with the position of EU member states regarding the revision of the protection of privacy' aspects in the framework of future EU rules for electronic communications (telecoms package). He makes this known in a second opinion', published on 9 January, in response to the common position achieved by the former French Presidency of the EU at the Telecoms Council of 27 November. The EDPS had already proposed strengthening the initial proposals of the European Commission of November 2007.

Basically, the EDPS supports the European Parliament: on 24 September 2008 (first reading, co-decision), the EP voted in favour of the obligation to "notify" every "security breach" involving private data, both for internet access providers and for online service providers, such as banks or pharmacies.

The Council and the Commission have limited these obligations to web access providers. For the Council, notifications must be addressed both to subscribers and the competent authorities, but only in the event of "serious risk" to the internet user. The Commission was targeting all breaches. Even here, the EDPS agrees with the EP, considering that the notification of "potentially harmful" breaches is suitable, provided that this "harmfulness is large enough to cover all types of negative effects".

RISK OF ABUSE

On the other hand, Peter Hustinx outrightly rejects another...