European DNA-data interchanges raise privacy concern
According to a press release from the European Commission, seven EC
member states — Austria, Belgium, France, Germany, Luxembourg, the
Netherlands and Spain — have signed an agreement to implement the Prüm
Treaty, which permits the inter-governmental exchange of personal data.
As a result, Germany and Austria have already begun exchanging DNA data
despite the fact that Europe’s Data Protection Commissioner has
expressed privacy worries over the exchanges. The UK is expected to
ratify the treaty this year. The Commission argues that
data-protection measures have been specifically written into the Treaty.
There are restrictions on the use of the personal data exchanged and
time limitations on how long the data may be kept in the requesting
country. Citizens will be entitled to seek information about data
exchanges concerning themselves, and they will be able to claim
compensation if damage arises as a result of an exchange which should
not have occurred. European Data Protection Supervisor Peter Hustinx,
however, considers the privacy elements of the Treaty are incomplete.
He said that he had concerns about “the risks of allowing for
processing of data on religion, race or ethnic origin, without any
special safeguards”; “the possibilities of exchanging data with non-law
enforcement authorities and private parties”; “the risks of not
requiring an ‘adequate level of protection’ for data exchange with third
countries” (eg the USA); and the fact that “some basic rights for data
subjects, like the right to be informed (of the exchange), no longer
seem to be guaranteed”. bjhc&im February 2007
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