News

 

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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