For the benefit of the policy debate in the Dutch Senate on 17 May 2011 about digital data processing the Privacy First Foundation today has sent the following focal points to Senate members. Privacy First hopes that these focal points will take on a guiding role in the debate between the members of the Senate and members of the Dutch government.
Privacy’s First motto is ‘‘your choice in a free society’’ For citizens, this translates into:
- the right to express, prior and fully informed consent of citizens in the use of their personal data, both by the government and corporations;
- any use of personal data is to be strictly necessary and purpose bound;
- citizens have the right to access, correction and deletion of their personal data at all times;
- relevant legislation needs to be known and to be accessible to citizens;
- no new legislation without prior democratic (public) debate.
For the government and Parliament, this translates into:
- privacy, freedom of choice, transparency and efficiency as guiding principles in the drafting of new legislation;
- a preference for formal laws instead of Orders in Council and ministerial regulations;
- no so-called ‘gold-plating’ (add-ons) in the implementation of European legislation;
- mandatory evaluation and sunset clauses;
- an integral approach by considering every new law in conjunction with other, already existing laws and treaties;
- an integral approach by considering all new technical applications in conjunction with other, already existing technical applications;
- public cost-benefit analyses;
- public disclosure of relevant official feasibility studies, pilot projects and research reports;
- making privacy impact assessments (PIAs), privacy by design and privacy enhancing technologies (PET) compulsory;
- support of the legislative process by means of expert meetings and external advice.
For further information or questions regarding the above Privacy First is available at all times.