David Wright Trilateral Research Skopje 6 May 2014 Why do we need to enforce privacy Privacy is a cornerstone of democracy Privacy gives us space to grow as individuals Privacy needs enforcers esp regulators to protect privacy ID: 493484
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Slide1
Enforcing privacy: PHAEDRA findings
David Wright
Trilateral Research
Skopje
6 May 2014Slide2
Why do we need to enforce privacy?
Privacy is a cornerstone of democracy
Privacy gives us space to grow as individuals
Privacy needs enforcers, esp. regulators, to protect privacy
2Slide3
Enforcement powers
Notices and warnings
Naming and shaming
Mandatory PIAs
Inspections, investigations and auditsFinesCourt orders
3Slide4
Enforcement powers vary
from one DPA to another
OPC cannot levy fines, but ICO, AEPD, CNIL can
ICO cannot investigate private sector without consent of target of investigation, whereas the Kosovo DPA can investigate public and private sector organisations
FTC cannot disclose an investigation underway, whereas in Norway DPA documents are public by default Monaco has enforcement powers, but Singapore does not. ILITA cannot share criminal information but can share other information.
4Slide5
Co-operation and co-ordination are ways
to
leverage a shortage of resources
Growing co-operation between and among DPAs and PEAs is apparent to all.
There are various levels or degrees of co-operation and co-ordination.Experience demonstrates benefits of co-operation.Building relationships is an evolutionary process.
5Slide6
Barriers to co-operation and co-ordination
Lack of resources
Variability in technical
resources Language Confidentiality: Legislation may prevent or hamper sharing of information. Laws have differences in
scope Lack of awareness - Some DPAs are more “plugged in” than others.Lobbying power and obstinacy of multinationals
Recognition of
PEAs
6Slide7
Efforts being made to overcome barriers
Instruments
Institutional arrangements
Issues
7Slide8
Instruments
Memoranda of understanding (
MoUs
)Revision of Convention 108
8Slide9
Institutional arrangements
International Conference of Data Protection and Privacy Commissioners (ICDPPC
) and its working group on enforcement
Global Privacy Enforcement Network (GPEN)Regional and sectoral organisationsCase-handling and privacy enforcement workshops
9Slide10
Issues
Interoperability of BCRs and
CBPR
Agreeing a lead authority to investigate Reciprocity is important
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