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Britain accused of trying to block EU data protection law Britain accused of trying to block EU data protection law
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Britain has been accused of trying to impede data protection reforms that would make it more difficult for spy agencies to get hold of material online.Britain has been accused of trying to impede data protection reforms that would make it more difficult for spy agencies to get hold of material online.
The European parliament is planning to vote on a new, unified data protection law for EU member states in the next few weeks, but activists fear Britain is deliberately obstructing the path to new legislation.The European parliament is planning to vote on a new, unified data protection law for EU member states in the next few weeks, but activists fear Britain is deliberately obstructing the path to new legislation.
Talking at an international conference on data protection in Warsaw on Thursday, the UK information commissioner, Christopher Graham, said the first draft of the proposed regulation was "too dirigiste".Talking at an international conference on data protection in Warsaw on Thursday, the UK information commissioner, Christopher Graham, said the first draft of the proposed regulation was "too dirigiste".
He said Britain was "not interested in regulation that is a to-do list".He said Britain was "not interested in regulation that is a to-do list".
The first draft of the new General Data Protection Regulation was presented on 25 January 2012.The first draft of the new General Data Protection Regulation was presented on 25 January 2012.
In the wake of the revelations about the extent of US and British surveillance from Edward Snowden, one German commissioner said there was an urgent need for regulation.In the wake of the revelations about the extent of US and British surveillance from Edward Snowden, one German commissioner said there was an urgent need for regulation.
However, the British view is that the disclosures have merely highlighted how differently European countries feel about online privacy. These divisions will make it harder to reach any compromise, the UK says.However, the British view is that the disclosures have merely highlighted how differently European countries feel about online privacy. These divisions will make it harder to reach any compromise, the UK says.
"The Snowden revelations have showed us how important it is that we reach a compromise. There is a real need for an international regulatory framework," said Peter Schaar, Germany's federal commissioner for data protection and freedom of information. "For once, the Americans are as concerned about this as we are in Germany.""The Snowden revelations have showed us how important it is that we reach a compromise. There is a real need for an international regulatory framework," said Peter Schaar, Germany's federal commissioner for data protection and freedom of information. "For once, the Americans are as concerned about this as we are in Germany."
But a British source argued that "data protection law used to be a Rubik's cube" – and after Snowden it had become "a Rubik's cube on steroids".But a British source argued that "data protection law used to be a Rubik's cube" – and after Snowden it had become "a Rubik's cube on steroids".
The standoff between Britain and other European countries has several dimensions. Broadly, there is nervousness in the British government about a new piece of legislation that would transfer more power from Westminster to Brussels. The standoff between Britain and other European countries has several dimensions. Broadly, there is nervousness in the British government about a new piece of legislation that would transfer more power from Westminster to Brussels. More specifically, there is a disagreement over how the new piece of regulation should best be enforced.
More specifically, there is a disagreement over how the new piece of regulation should best be enforced.
Britain's view is that by making regulation too tight and not leaving any room for discretion, controllers will be forced to fine even small transgressions, for example by inexperienced startups. This could lead to EU enforcers becoming swamped with paperwork.Britain's view is that by making regulation too tight and not leaving any room for discretion, controllers will be forced to fine even small transgressions, for example by inexperienced startups. This could lead to EU enforcers becoming swamped with paperwork.
"If you have an inflexible regulator, you overclaim and lose authority. Less is more," said Graham at the conference."If you have an inflexible regulator, you overclaim and lose authority. Less is more," said Graham at the conference.
Other European countries are seen to favour a stricter punitive system, which would set out clear guidelines. Earlier this month in Brussels, the EU commission's director for fundamental rights and citizenship, Paul Nemitz, implicitly criticised Britain for "being bigoted and wanting changes".Other European countries are seen to favour a stricter punitive system, which would set out clear guidelines. Earlier this month in Brussels, the EU commission's director for fundamental rights and citizenship, Paul Nemitz, implicitly criticised Britain for "being bigoted and wanting changes".
As well as the disagreement over the new data protection regulation, European states are at odds over the future of "Safe Harbor", a policy agreement established between the United States department of commerce and the European Union in November 2000 which enables companies to transfer data between the two countries irrespective of different security standards. As well as the disagreement over data protection regulation, European states are at odds over the future of "Safe Harbor", a policy agreement established between the US department of commerce and the European Union in November 2000 which enables companies to transfer data between the two countries irrespective of different security standards.
In the wake of the Snowden's disclosures, Viviane Reding, the European commission's vice-president, said "the Safe Harbor agreement may not be so safe after all" and ordered a "solid assessment" of the deal by the end of the year.In the wake of the Snowden's disclosures, Viviane Reding, the European commission's vice-president, said "the Safe Harbor agreement may not be so safe after all" and ordered a "solid assessment" of the deal by the end of the year.
In July, German data commissioners called on Angela Merkel to suspend Safe Harbor, though at the Warsaw conference this week Germany seemed to row back from such demands, asking merely for reform of the programme.In July, German data commissioners called on Angela Merkel to suspend Safe Harbor, though at the Warsaw conference this week Germany seemed to row back from such demands, asking merely for reform of the programme.
Other countries in the EU, including Britain, see Safe Harbor as a useful mechanism by which to boost European regulation with tough American jurisdiction. Other countries in the EU, including Britain, see Safe Harbor as a useful mechanism by which to boost European regulation with tough US jurisdiction.
"What keeps Google awake at night," said one source, "is European legislation and FTC [Federal Trade Committee] jurisdiction.""What keeps Google awake at night," said one source, "is European legislation and FTC [Federal Trade Committee] jurisdiction."
Data protection activists hope that Europe will use the pending revision of Safe Harbor and the ongoing negotiations over a new EU-US trade deal as a bargaining tool. But they fear the momentum gained by the Snowden revelations is being lost. Data protection activists hope that Europe will use the pending revision of Safe Harbor and the negotiations over a new EU-US trade deal as a bargaining tool. But they fear the momentum gained by the Snowden revelations is being lost.
Katarzyna Szymielewicz, a human rights lawyer who works for Poland's Panoptykon Foundation, said: "The threat was made to suspend the trade deal with the US until America answered the EU's questions. But then no answers were supplied and the talks continued anyway. There is a huge discrepancy between the EU's rhetoric and its action."Katarzyna Szymielewicz, a human rights lawyer who works for Poland's Panoptykon Foundation, said: "The threat was made to suspend the trade deal with the US until America answered the EU's questions. But then no answers were supplied and the talks continued anyway. There is a huge discrepancy between the EU's rhetoric and its action."
Emma Carr, deputy director of the privacy and civil liberties campaign group Big Brother Watch, said: "The idea that current data protection law is adequate when it was written before Google and Facebook existed is clearly not true.Emma Carr, deputy director of the privacy and civil liberties campaign group Big Brother Watch, said: "The idea that current data protection law is adequate when it was written before Google and Facebook existed is clearly not true.
"This is about ensuring the law is fit for purpose and the British government should be ensuring consumers have adequate protection for their privacy, not allowing data-hungry businesses to operate with relative impunity.""This is about ensuring the law is fit for purpose and the British government should be ensuring consumers have adequate protection for their privacy, not allowing data-hungry businesses to operate with relative impunity."
There is pressure now to make serious progress on the regulatory framework in the next few weeks. There is pressure to make serious progress on the regulatory framework in the next few weeks. If a compromise is not found soon, activists fear that the arrival of a host of new parties in the next European parliament will mean the new regulation will be shelved forever.
If a compromise isn't found soon, activists fear that the arrival of a host of new parties in the next European parliament will mean the new regulation will be shelved forever.
The European parliament committee on civil liberties, justice and home affairs is holding an orientation vote on the new regulation on 21 October.The European parliament committee on civil liberties, justice and home affairs is holding an orientation vote on the new regulation on 21 October.
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