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European Union Takes Steps Toward Protecting Data European Union Takes Steps Toward Protecting Data
(about 9 hours later)
BRUSSELS — The European Parliament passed a strong new set of data protection measures on Wednesday prompted in part by the disclosure of America’s vast electronic spying program.BRUSSELS — The European Parliament passed a strong new set of data protection measures on Wednesday prompted in part by the disclosure of America’s vast electronic spying program.
But the prospects for the provisions to become law will depend on the 28 European Union member governments giving their accord, which is highly uncertain. And the current Parliament will disband for elections in May, meaning the package will have to be picked up and carried forward by a new set of lawmakers who may or may not be as concerned about digital privacy as the current body.But the prospects for the provisions to become law will depend on the 28 European Union member governments giving their accord, which is highly uncertain. And the current Parliament will disband for elections in May, meaning the package will have to be picked up and carried forward by a new set of lawmakers who may or may not be as concerned about digital privacy as the current body.
The measures, meant to protect the European Union’s 250 million Internet users from online surveillance, approved by a wide margin by lawmakers meeting in Strasbourg, France, had been under discussion since 2012. But they received impetus last year by revelations from Edward J. Snowden, a former contractor at the United States National Security Agency, about the spying programs carried out by the N.S.A. and other intelligence agencies, including in Europe.The measures, meant to protect the European Union’s 250 million Internet users from online surveillance, approved by a wide margin by lawmakers meeting in Strasbourg, France, had been under discussion since 2012. But they received impetus last year by revelations from Edward J. Snowden, a former contractor at the United States National Security Agency, about the spying programs carried out by the N.S.A. and other intelligence agencies, including in Europe.
The new rules, among the most stringent data protections that lawmakers anywhere have pursued, aim to give people more say about who gets access to their personal data and would increase safeguards on the data that ends up with the police and judicial authorities. They would also grant individuals the right to have their online data erased — the so-called “right to be forgotten.”The new rules, among the most stringent data protections that lawmakers anywhere have pursued, aim to give people more say about who gets access to their personal data and would increase safeguards on the data that ends up with the police and judicial authorities. They would also grant individuals the right to have their online data erased — the so-called “right to be forgotten.”
The provisions are meant to replace the hodgepodge of privacy rules across the 28 European Union member states with a single body of law, giving businesses and citizens greater certainty about their rights and responsibilities.The provisions are meant to replace the hodgepodge of privacy rules across the 28 European Union member states with a single body of law, giving businesses and citizens greater certainty about their rights and responsibilities.
To protect citizens against online surveillance of the type Mr. Snowden has revealed, search engines, social network and cloud storage companies would be required to receive permission from the data protection authorities in a citizen’s home country before turning over any of his data to another country. The company would also have to tell the person about the third-country request.To protect citizens against online surveillance of the type Mr. Snowden has revealed, search engines, social network and cloud storage companies would be required to receive permission from the data protection authorities in a citizen’s home country before turning over any of his data to another country. The company would also have to tell the person about the third-country request.
A company that willfully violated the privacy provisions would be subject to stiff fines. Big Internet companies like Facebook, Google or Apple could potentially face fines of up to 100 million euros, or $140 million, or 5 percent of their global turnover, up to a maximum of 100 million euros. European and American companies had strongly opposed the legislation.A company that willfully violated the privacy provisions would be subject to stiff fines. Big Internet companies like Facebook, Google or Apple could potentially face fines of up to 100 million euros, or $140 million, or 5 percent of their global turnover, up to a maximum of 100 million euros. European and American companies had strongly opposed the legislation.
“I think Parliament has given a very clear signal today about how we see data protection, civil rights and the rule of law,” said Sophia in ‘t Veld, vice chairwoman of the body’s Committee on Civil Liberties, Justice and Home Affairs.“I think Parliament has given a very clear signal today about how we see data protection, civil rights and the rule of law,” said Sophia in ‘t Veld, vice chairwoman of the body’s Committee on Civil Liberties, Justice and Home Affairs.
The legislation calls for “more investment in data security, for Europe to become less dependent on American Internet giants,” she said.The legislation calls for “more investment in data security, for Europe to become less dependent on American Internet giants,” she said.
In the European Union system, the Parliament’s version of the law would need to be reconciled with the 28 member states represented on the European Council. But those member states — particularly Germany, Britain and France, all of which have major spying programs of their own — have shown scant interest in changing the rules.In the European Union system, the Parliament’s version of the law would need to be reconciled with the 28 member states represented on the European Council. But those member states — particularly Germany, Britain and France, all of which have major spying programs of their own — have shown scant interest in changing the rules.
The draft measures aim to give Europeans an overarching set of privacy protections, in contrast to the United States, where privacy laws differ from sector to sector — for financial data and medical data protection, for instance — and notification requirements vary from state to state.The draft measures aim to give Europeans an overarching set of privacy protections, in contrast to the United States, where privacy laws differ from sector to sector — for financial data and medical data protection, for instance — and notification requirements vary from state to state.
The European measures would also give governing bodies the right to impose fines in cases where a company violated privacy provisions, unlike in the United States where the Federal Trade Commission is empowered to impose fines only in cases where companies were found to have misled consumers about their data collection practices — not because of any federal data protection law.The European measures would also give governing bodies the right to impose fines in cases where a company violated privacy provisions, unlike in the United States where the Federal Trade Commission is empowered to impose fines only in cases where companies were found to have misled consumers about their data collection practices — not because of any federal data protection law.
Some privacy lawyers in the United States questioned whether the European spying resolution would prevent companies from handing European data over to foreign governments.Some privacy lawyers in the United States questioned whether the European spying resolution would prevent companies from handing European data over to foreign governments.
Miriam Wugmeister, a privacy lawyer at Morrison Foerster, noted that European Union member state laws contain exceptions for compliance. “If the public sector has a legitimate reason to obtain the data, then the companies have to provide it to them,” she said.Miriam Wugmeister, a privacy lawyer at Morrison Foerster, noted that European Union member state laws contain exceptions for compliance. “If the public sector has a legitimate reason to obtain the data, then the companies have to provide it to them,” she said.
The draft law governing personal data passed the European Parliament by a margin of 621-10, with 22 abstentions.The draft law governing personal data passed the European Parliament by a margin of 621-10, with 22 abstentions.
A separate, non-binding resolution that condemned the U.S. spying and called for Europe to respect “democratic, judicial and parliamentary safeguards and oversight in a digital society,” passed 544-78, with 60 abstentions.A separate, non-binding resolution that condemned the U.S. spying and called for Europe to respect “democratic, judicial and parliamentary safeguards and oversight in a digital society,” passed 544-78, with 60 abstentions.
That resolution received less support than the data protection law because many legislators, particularly on the right, argued that such an investigation lay beyond the purview of the Parliament.That resolution received less support than the data protection law because many legislators, particularly on the right, argued that such an investigation lay beyond the purview of the Parliament.
Although the next Parliament will not be bound by the rules adopted Wednesday, Ms. in ‘t Veld said she was optimistic that there would be support in the incoming body.Although the next Parliament will not be bound by the rules adopted Wednesday, Ms. in ‘t Veld said she was optimistic that there would be support in the incoming body.
“The new Parliament will probably be full of euroskeptics, homophobes and racists,” she said. “For everything else it will be a disaster, but this is probably one point where we’ll find common ground.”“The new Parliament will probably be full of euroskeptics, homophobes and racists,” she said. “For everything else it will be a disaster, but this is probably one point where we’ll find common ground.”
Dirk De Backer, a spokesman for the European Council president, Herman Van Rompuy, did not respond to a request for comment.Dirk De Backer, a spokesman for the European Council president, Herman Van Rompuy, did not respond to a request for comment.
Viviane Reding, the European Union justice minister, who pushed for revisign the European Union privacy rules, said in a statement that the new rules “will make life easier for business and strengthen the protection of our citizens.” Viviane Reding, the European Union justice minister, who pushed for revising the European Union privacy rules, said in a statement that the new rules “will make life easier for business and strengthen the protection of our citizens.”
“Strong data protection rules must be Europe’s trademark,” Ms. Reding added. “Following the U.S. data spying scandals, data protection is more than ever a competitive advantage.”“Strong data protection rules must be Europe’s trademark,” Ms. Reding added. “Following the U.S. data spying scandals, data protection is more than ever a competitive advantage.”
Ms. in ‘t Veld acknowledged that, in the end, member state governments could choose not to take further action, “but they will have to explain it to their citizens,” she said. “We are the only Parliament that has taken this up. Somebody, somebody has to speak out.”Ms. in ‘t Veld acknowledged that, in the end, member state governments could choose not to take further action, “but they will have to explain it to their citizens,” she said. “We are the only Parliament that has taken this up. Somebody, somebody has to speak out.”
Nicole Perlroth contributed reporting from San Francisco.Nicole Perlroth contributed reporting from San Francisco.