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Spring Conference of the European Privacy Commissioners 2002 in Bonn 1 Privacy Protection Audit/Seal of Quality - Practical Experience Dr. Helmut Bäumler.

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Presentation on theme: "Spring Conference of the European Privacy Commissioners 2002 in Bonn 1 Privacy Protection Audit/Seal of Quality - Practical Experience Dr. Helmut Bäumler."— Presentation transcript:

1 Spring Conference of the European Privacy Commissioners 2002 in Bonn 1 Privacy Protection Audit/Seal of Quality - Practical Experience Dr. Helmut Bäumler Independent Centre for Privacy Protection Schleswig-Holstein, Germany

2 Spring Conference of the European Privacy Commissioners 2002 in Bonn 2 Privacy Protection Audit/Seal of Quality - Practical Experience  One-sided focus on legal aspects  Too much geared towards Rules and Prohibitions  Lack of incentive for good Privacy Protection Concepts  Customers and Citizens not enough involved Reasons for the Establishment of the Privacy Protection Audit Shortcomings of the previous Privacy Protection System

3 Spring Conference of the European Privacy Commissioners 2002 in Bonn 3 Privacy Protection Audit/Seal of Quality - Practical Experience  Privacy Protection makes an arrival at the free economy  Influence on the technical Design  Increased Possibility for Control  Privacy Protection as a winning Model Reasons for the Establishment of the Privacy Protection Audit

4 Spring Conference of the European Privacy Commissioners 2002 in Bonn 4 Privacy Protection Audit/Seal of Quality - Practical Experience  Federal Data Protection Act  Member States‘ Privacy Protection Acts  Privacy Protection Act of Schleswig-Holstein  Privacy Protection Audit  IT Seal of Quality Legal Situation in Germany

5 Spring Conference of the European Privacy Commissioners 2002 in Bonn 5 Privacy Protection Audit/Seal of Quality - Practical Experience  Legal Situation  Rules  How to execute the Audit  Subject of the Audit  Public Authorities  Parts of Public Authorities  Administrative Proceedings Privacy Protection Audit in Schleswig-Holstein

6 Spring Conference of the European Privacy Commissioners 2002 in Bonn 6 Privacy Protection Audit/Seal of Quality - Practical Experience  On voluntary Basis  Increasing Personal Responsibility  Using the Audit as an Image und Commercial factor Privacy Protection Audit in Schleswig-Holstein

7 Spring Conference of the European Privacy Commissioners 2002 in Bonn 7 Privacy Protection Audit/Seal of Quality - Practical Experience  Examining the current Privacy Protection Situation  Determination of Privacy Protection Aims  Establishment of a Privacy Protection Management System  Appraisal by the Independent Centre for Privacy Protection Procedure of the Privacy Protection Audit in Schleswig-Holstein

8 Spring Conference of the European Privacy Commissioners 2002 in Bonn 8 Privacy Protection Audit/Seal of Quality - Practical Experience  Awarding with the Audit Seal  First Experience Procedure of the Privacy Protection Audit in Schleswig-Holstein

9 Spring Conference of the European Privacy Commissioners 2002 in Bonn 9 Privacy Protection Audit/Seal of Quality - Practical Experience  Legal Regulation: § 4 par. 2 Priv.Prot.Act  Further Steps  July 01, 2000:Enactment of the Priv.Prot.Act  April 04, 2001:Quality Seal Decree by the State Government  Nov 05, 2001:Beginning of the Expert Accreditation Procedure  Feb 01, 2002:Publication of the Product Criteria  Feb 01, 2002:Accreditation of the first Experts IT Seal of Quality in Schleswig-Holstein

10 Spring Conference of the European Privacy Commissioners 2002 in Bonn10 Privacy Protection Audit/Seal of Quality - Practical Experience  Product to be certified  Conclusion of an Expert Agreement  Examination and Evaluation of the Product by the Expert  Expert Opinion  The Independent Center for Privacy Protection checks the Expert Opinion on conclusiveness and understandability Course of the Quality Seal Procedure in Schleswig-Holstein

11 Spring Conference of the European Privacy Commissioners 2002 in Bonn11 Privacy Protection Audit/Seal of Quality - Practical Experience  Awarding with the Mark of Quality

12 Spring Conference of the European Privacy Commissioners 2002 in Bonn12 Privacy Protection Audit/Seal of Quality - Practical Experience  Competence and Expert Knowledge  Independence  Reliability  List of Experts: http://www.datenschutzzentrum.de/guetesiegel/ Experts in the Schleswig-Holstein Seal of Quality Procedure

13 Spring Conference of the European Privacy Commissioners 2002 in Bonn13 Privacy Protection Audit/Seal of Quality - Practical Experience  No violation of Privacy Protection Laws  Support of Privacy Protection and Data Security Aims by Means of technical Design  Possible organisational Backup Measures are described in an understandable Way and can be put into Action with appropriate Effort  Easily understandable Documentation  Altogether adequate to the User Criteria for the Schleswig-Holstein Seal of Quality

14 Spring Conference of the European Privacy Commissioners 2002 in Bonn14 Privacy Protection Audit/Seal of Quality - Practical Experience  Data Avoidance/Data Austerity  Guarantee for Data Security and Ability to Revision  Guarantee for the Rights of the involved citizen Special Criteria for the Schleswig-Holstein Seal of Quality

15 Spring Conference of the European Privacy Commissioners 2002 in Bonn15 Privacy Protection Audit/Seal of Quality - Practical Experience  Supported by the EU  Results Influence the Federal Legislation  International Congress 2003 in Kiel The Schleswig-Holstein Seal of Quality Procedure

16 Spring Conference of the European Privacy Commissioners 2002 in Bonn16 Privacy Protection Audit/Seal of Quality - Practical Experience The Independent Centre for Privacy Protection Where?Holstenstraße 98, 24103 Kiel Telephone? 0431/988-1200 Telefax?0431/988-1223 E-Mail?mail@datenschutzzentrum.de Internet?www.datenschutzzentrum.de


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