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By Willemien Bax Data protection and consumer organisations.

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1 By Willemien Bax Data protection and consumer organisations

2 Since 1962 Representing consumer interests EU institutions 43 members 31 countries 34 Members of staff

3 Forbrugerradet (Denmark) Organización de Consumidores y Usuarios – OCU (Spain) Stiftung Warentest (Germany) Sveriges Konsumentråd – SK (Sweden) VZBV (Germany) Which? (UK) Altroconsumo (Italy) Consumentenbond (NL) DECO (Portugal) Test Achats (Belgium) UFC - Que Choisir (France)

4 Bulgarian National Consumers Association – BNAP Cyprus Consumers' Association Consumers' Organisation of Macedonia – OPM Estonian Consumers Union - ETL Latvia Consumer Association - PIAA Ghaqda tal-Konsumaturi - CA Malta National Association for Consumer Protection in Hungary – NACPH Croatian Union of the Consumer Protection Associations – Potrosac National Association for Consumer Protection in Hungary – NACPH Polish Consumer Federation Assocation of Polish Consumers - SKP Association for Consumers' Protection – APC (Romania) Sdruzeni obrany spotrebitelu Ceske republiky-SOS (Czech Republic) TEST (Czech Republic) ZSS - Association of Slovak Consumers Zveza Potrošnikov Slovenije – ZPS (Slovenia)

5 Smile, youre being watched

6 The glass consumer

7 68% are concerned about data protection 64% feel that awareness and information on these topics are not yet satisfactory 49.3 % concerned about the amount of data required by sellers 66.7 % concerned about the commercial use of personal data 82% of EU Internet users believe that data transmission is not sufficiently secure What do consumers want? EU Consumer summit, 1-2 April 2009 – Results of survey of consumers by the European Commission on the digital environment & Eurobarometer survey on data protection in the EU - citizensperceptions, February 2008

8 What do consumers want? I have no problem providing personal data

9 What do consumers want? Companies buy my data without asking

10 What do consumers want? My private data are only used for the purpose I gave them

11 What do consumers want? Companies and authorities are not keeping my private data without me knowing

12 What do consumers want? I know where to go if I have a complaint on the use of my private data

13 What about the « Digital Natives » ? 82% of young people is very concerned that personal information is used without their knowledge 75% that their identity is reconstructed using personal data from various sources 69% that their views and behaviours may be misrepresented based on their online personal information Scientific report 'Young People and Emerging Digital Services', 2009

14 Problems BEUC members report insufficient information provided on what data collected & how used more data collected than strictly necessary privacy notices too complicated and legalistic little influence on whether or not personal data are « sold » to third parties no or insufficient reporting of security breaches or misuse difficult access to redress, for the moment mostly through the courts practically no practical help & difficult to ensure that damage is repaired/repayed

15 Key data protection principles to be informed when, why, and for which recipients personal data is collected and processed to collect data adequate, relevant and not excessive in relation to the purpose (fit for purpose) to have access to the collected data to have data kept accurate, up-to-date, rectified, erased or blocked for further processing to be informed before data are disclosed to third parties and to object to such transfers

16 Key data protection principles to have the data managed in a confidential, secure and transparent manner to be protected against accidental/ unlawful destruction, loss, alteration, unauthorised disclosure or access to have the minimum amount of data kept for a minimum time period to receive a judicial remedy & compensation for damage

17 Better enforcement only 13 % of the people responsible for data protection within companies said they were very familiar with the provisions of the data protection law 56% of the people responsible for data protection issues within companies said they were only somewhat familiar Eurobarometer, February 2008

18 Some suggestions 1.better enforcement of the current directive 2.better common understanding of principles 3. drastically improved privacy notices/ integrating the unfair contract terms directive 4. standard notices to be developed with the help of consumer organisantions? 5. more use of secure-by-default and « privacy-by-design » products & processes 6. ensure data ananomity as much as possible 7. extension of mandatory data breach notification to all sectors dealing with personal data

19 Some suggestions 8. central contact points where consumers can get help 9. compensation for unauthorised data exchange, data loss & security breaches that lead to damage 10. easier access to redress; alternatives to going to court 11. collective actions to provide an effective deterrent against negligence and/or unlawful data exchange 12. more education and information on consumer rights and risks

20 Thank You The European Consumers Organisation Bureau Européen des Unions de Consommateurs Rue dArlon Bruxelles Tel: Fax:

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