Workshop on the New Privacy Framework Proposed by the European Commission Overview

Transcription

1 2013/SOM1/ECSG/004 Agenda Item: IV1f Workshop on the New Privacy Framework Proposed by the European Commission Overview Purpose: Information Submitted by: Japan 27 th Electronic Commerce Steering Group Meeting Jakarta, Indonesia 2 February 2013

2 Workshop on the new privacy framework proposed by the European Commission Overview Date & Time: January 10, :00AM 5:30PM Location: BELLESALLE Shinjuku Grand (Tokyo, Japan) Objectives: To improve understanding of the European Union Data Protection Regulation proposal To exchange the latest information about personal data protection in APEC Economies, including an overview of implementation efforts relating to the recently established Cross Border Privacy Rules System. To discuss the importance of interoperability between privacy Frameworks in the European and APEC regions 1

3 Participants (APEC Economies) CHILE CHINESE TAIPEI REPUBLIC OF KOREA MALAYSIA MEXICO REPUBLIC OF THE PHILIPPINES THAILAND UNITED STATES OF AMERICA VIET NAM JAPAN agenda 10:00 10:05 Opening remarks by METI official 10:05 10:20 Address by Prof. Dr. Masao Horibe, Professor Emeritus, Hitotsubashi University 10:20 10:25 Address by Ms. Maria Lourdes Amaba Yaptinchay, Director, E Commerce Office, Office of Policy Research, Department of Trade and Industry, and Chair of the APEC Electronic Commerce Steering Group (ECSG) 10:25 11:55 Presentation by Ms. Sarah Jane King, Senior Policy Officer, International, Sector, Data Protection Unit A European Data Protection Framework for the 21st century: safeguarding privacy in a connected world 11:55 13:30 Lunch 13:30 15:00 Presentation by Mr. Jean Philippe Moiny, Research Fellow F.R.S. FNRS (National Belgian Funds for the Scientific Research) in Research Centre Information, Law and Society (CRIDS University of Namur, Belgium) Future European DP Law 15:00 15:15 Coffee break 15:15 16:45 Presentation by Mr. Joshua Todd Harris, Associate Director, Office of Technology and E Commerce, United States Department of Commerce BCR CBPR Interoperability: History and Overview 16:45 17:15 Presentation by Associate Prof. Fumio Shimpo, Ph.D in Law, Associate Professor, Faculty of Policy Management, Graduate School of Media and Governance, Keio University 17:15 17:30 Wrap up session 2

4 Overview of the Presentation and Opinion Exchange (Ms. Sarah Jane King, International Sector, Data Protection Unit, European Commission) Ms. King gave a presentation on the EU Data Protection Reform Package proposal. The EU recognizes personal data protection as a fundamental human right and constitutional duty. Data protection will cultivate trust and enhance competitiveness. Data protection regulations will be revised to reflect the development of new technologies in a network society based on the spread of the Internet. The current directive is being implemented individually by member states, which has caused legal uncertainties. Changing the directive to a regulation makes it possible to have a single law for the entire European Union, and to create a one stop shop system. To strengthen user rights, it is necessary to have explicit consent of users and the right to be forgotten. The proposed Data Protection Regulation will continue to be discussed and take about two more years before enforcement. Participants pointed out the need for a continuing discussion for the clarification of articles of the regulation, etc. The EU expressed that they will continue discussions. Overview of Presentation and Opinion Exchange (Mr. Jean Philippe Moiny, CRIDS University of Namur) Mr. Moiny gave a presentation on the EU concept of personal data protection and other issues. He explained the importance of Council of Europe Convention 108, and pointed out ambiguities in the proposed regulation, such as the appointment of responsibilities between a controller and a processor, and the meaning of a joint controller. 3

5 Overview of a Presentation and Opinion Exchange (Mr. Joshua Todd Harris, United States Department of Commerce) Mr. Harris gave a presentation on the mutual operation of the CBPR and BCR systems, and pointed out the importance of discussion on the implementation of the CBPR system in APEC Economies and mutual operation with other countries as the next step. He emphasized the points of the CBPR as shown below. Creating a Joint Oversight Panel (JOP) to review the intention of participation of APEC Economies and Accountability Agents (AA). We spent a lot of time discussing AA participation standards and established a conflict resolution mechanism. Both Mr. Harris and Ms. King stated that discovering the commonalities between BCR and CBPR first is useful and important for businesses. 4