EU Policy seminar: Towards a balance: Privacy, security and the exchange of information, Den Haag - Main contents
| date | January 26, 2009 |
|---|---|
| city | Den Haag |
| location | Instituut Clingendael  |
| attending | E.M.H. (Ernst) Hirsch Ballin i, P.J. (Peter) Hustinx i, M.G.W. (Monica) den Boer i et al. |
| organisation | Institute Clingendael i |
On 26 and 27 January 2009, the Clingendael European Studies Programme, in cooperation with the Netherlands Ministries of Foreign Affairs and Justice, organised a high-level policy seminar on EU data exchange. This was the fifth in a series of seminars during which topics that are high on the EU agenda are discussed among academics and policy makers. In preparation of the seminar, a Clingendael overview paper was written by Jurriaan Middelhoff, to introduce the issues addressed during the seminar.
The participants were welcomed on January 26 at a pre-conference dinner by Ian de Jong, Director-General for European Cooperation of the Ministry of Foreign Affairs, and Dr. Rob Visser, Director-General for Legislation, International Affairs and Immigration of the Ministry of Justice. Dinner speakers were Nathalie Pensaert, Head of Unit Police and Customs Cooperation of the General Secretariat of the Council of the European Union, and Joaquim Nunes de Almeida, Head of Unit Police Cooperation and Access to Information of the European Commission. The dinner speakers shined a light on the decision-making processes surrounding European data exchange policies, from their respective professional angles.
On the morning of the 27th, director Prof. Dr. Jaap W. de Zwaan welcomed the participants and speakers at the Clingendael Institute. The seminar was officially opened by H.E. Dr. E.M.H. Hirsch Ballin, Minister of Justice, who invited the participants to discuss the future conditions of information exchange, which he described as one of the fundaments of our society. The minister described the role of governments in data exchange policy as a facilitating one, and emphasised the fact that the two concepts of privacy and security are not exclusive, as is sometimes claimed in the data exchange debate.
Following the introduction by the Minister, the chairwoman of the seminar, Prof. Dr. Monica den Boer, explained the structure of the seminar, and invited the participants to contribute to the debate.
In his keynote speech 'from need to know to need to share', Brigadier General Kurt Hager, of the Austrian Federal Ministry of the Interior, gave an introduction to the come about of the Prüm-Treaty, and the decision to implement it into EU legislation. He furthermore demonstrated the use of the Prüm-system, by presenting various hit-rates. In addition, the need for a European information network to develop a comprehensive strategy on data exchange was voiced.
In the first thematic session, on the operational needs for data exchange, Prof. Dr. Willy Bruggeman introduced the technical details of operational needs from law enforcement perspectives and what these require from future measures. During the following debate problems of data quality, proposals for the future, and the idea to move beyond sharing information on the basis of need to share to dare to share were raised. Some praised the Prüm-system, which, they claimed, entitled a revolution in the European data exchange structure. Furthermore, more concrete proposals for the future were voiced, for instance conducting a risk assessment of data exchange, setting up an evaluation programme to identify best and bad practices, installing a European supervisor for data security, and installing an overall regulation on data security that also deals with data quality.
The second session focussed on shaping the judicial context of data exchange, and discussed the supervision and legal protection. To introduce these issues, Peter Hustinx, the European Data Protection Supervisor was invited. Mr. Hustinx elaborated on the many issues that still need to be addressed in order to ensure a proper judicial system in data exchange. In the following debate, some of these judicial hiatuses were raised. Others tried to develop a broader consensus, by looking for a balance between the amount of security and the amount of privacy that is needed. During the lively debate, many participants used the opportunity to get their say, and the individual’s right to access to information, the social value of privacy, and the many horizontal aspects of data exchange passed the discussion. These horizontal aspects are becoming more important with the emergence of new technologies, and new areas where information exchange has the potential of being used. Whilst some argued that a whole new European system has to be developed, others claimed that Europe is currently in a situation where cooperation between the Member States needs to be enhanced only. Most participants agreed that the current system is inappropriate to deal with modern data exchange, agreeing on improvements, however, is difficult. To deliver a legal framework, a lot of practical work has to be done. Reaching agreement on the existing principles is one thing, implementing them is something else.
The final session on PNR and third countries: towards an environment of reciprocity and trust, started with an introduction by Michael Scardaville, Acting Director European and Multilateral Affairs at the US Department of Homeland Security, who explained the background, history and future of the US-EU Passenger Name Record agreements. The debate mentioned the importance of privacy, and the possible difference between privacy in the US and the EU. In addition, the negotiations were illustrated from a European perspective, and issues regarding the effectiveness of PNR, and the EU-PNR scheme, which is currently under development, were raised. Other subjects that passed the debate were related to the right to access PNR data for the individual, the judicial review on decisions on data exchange, and the question to what extent intra-EU PNR data has to be shared.
The seminar was closed with some conclusions by the chair, Prof. Dr. Monica den Boer, who expressed her gratitude to all participants for their contributions to what has been a very successful and stimulating EU policy seminar.
Prof. Monica den Boer and Minister Hirsch Ballin
Informal conversations during coffeebreak
Contents
The Netherlands Institute of International Relations Clingendael is a knowledge institute for international relations. In a constantly changing global environment, Clingendael acts as a think-tank as well as a diplomatic academy in order to identify and analyze emerging political and social developments for the benefit of the Dutch government and the general public.
Clingendael seeks to achieve this objective through research, by publishing studies, organising courses and training programmes, and by providing information. The Institute acts in an advisory capacity to the government, parliament and social organisations, holds conferences and seminars, maintains a library and documentation centre, and publishes a Dutch language monthly on international politics as well as a newsletter. Clingendael currently employs some 110 staff, the majority of whom are researchers and training staff.