Privacy First positions for Senate policy debate on digital data processing

For the purpose of the policy debate in the Senate on 17 May next on digital data processing Privacy First Foundation today emailed the MPs the points of concern below. Privacy First hopes these concerns will guide the debate between the MPs and the ministers.

Privacy First's motto is "own choices in a free environment". For citizens, this translates into:

- The right to explicit, prior and fully informed consent of citizens when their personal data is used, both by public authorities and companies;

- any use of personal data should be strictly necessary and purpose-related;

- citizens have the right to access, correct and possibly delete their personal data at any time;

- Relevant legislation should be known and accessible to citizens;

- No new legislation without prior democratic (public) debate.

For the government and parliament, this translates as follows:

- privacy, freedom of choice, transparency and efficiency as guiding principles when drafting new legislation;

- A preference for formal laws instead of Orders in Council and ministerial regulations;

- No so-called 'national headings' (additions) to European implementation legislation;

- mandatory review and horizon provisions;

- A comprehensive approach by considering each new law in conjunction with other already existing laws and treaties;

- An integrated approach by considering each new technical application in conjunction with other already existing technical applications;

- public cost-benefit analyses;

- disclosure of relevant official feasibility studies, pilots and research reports;

- mandating privacy impact assessments (PIA), privacy by design and privacy enhancing technologies (PET);

- supporting the legislative process through expert meetings and external advice.

For further information or questions regarding the above points, Privacy First can be reached at any time.