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A very important issue. To me it is the quintessential example of good
intentions
gone awry. That doesn't make the results any more palatable, unfortunately.
>Subject: FC: EU Data Directive restricts search engines, speech, by J.Palme
>Cc: jpalme@dsv.su.se
>Sender: owner-politech@politechbot.com
>Reply-To: declan@well.com
>X-URL: Politech is at http://www.politechbot.com/
>
>
>********
>Jacob has done some important work in this area. His essay below is very
>much worth reading, especially by knee-jerk believers in so-called privacy
>regulations that will harm consumers and imperil free speech. His other
>articles:
> http://www.politechbot.com/cgi-bin/politech.cgi?name=palme
>
>-Declan
>********
>
>Date: Thu, 30 Nov 2000 19:21:36 +0800
>To: declan@well.com
>From: Jacob Palme <jpalme@dsv.su.se>
>Subject: Concerns Regarding the EU Data Directive
>
>This document in web format with links to related documents:
>http://dsv.su.se/jpalme/society/eu-data-directive-revision.html
>
> Concerns Regarding
> the EU Data Directive
>
>The EU Data Directive, and the Swedish law based on the Data Directive, has
>raised concerns in Sweden. The Directive has been seen as a serious
>infringement in the freedom of speech as supposedly protected by the Swedish
>constitution.
>
>The Commission of the European Communities (CEC) have recently asked member
>countries to comment on the experience with this law. This means that now is
>the time when there is a chance to change this anti-democratic directive.
>
>Unfortunately, these freedom of speech concerns have not been raised in any
>other country than Sweden. If you read this, and if you live in another EU
>country than Sweden, please write to the ministry of Justice in your country,
>and say that you also have concerns and want the directive to be thoroughly
>revised.
>
> Short Summary of
> the EU Data Directive
>
>The EU Data Directive specifies that any storage (on a computer, or even by
>pen and pencil) about any directly or indirectly identifiable person is
>"personal data". Such registration is only permitted for specified, explicit
>and legitimate purposes, in adequate ways, kept up to date, kept in an
>identifiable format. It is also only permitted with permission from the person
>identified, or for legally required needs without such permission.
>
>Personal data may not be exported outside EU without permission from the
>person identified.
>
>Exceptions: Registration by the public defense, purely private registration
>within a household, registration done by authors, writers and artists solely
>as part of their professional work.
>
> Short Summary of the Concerns
>
>Interpreted literally, the EU directive means that almost all publication on
>the Internet is illegal. Only publication where no person is identified in any
>way is not covered by the law. Since publication on the Internet is a very
>important part of freedom of speech, this law severely restricts the freedom
>of speech.
>
>The law is so generally worded, that it actually applies to almost all human
>activity, since almost all human activity to some extent involves personal
>data in computers or on paper. Thus, the law makes almost all human activity
>illegal, unless it is done according to the restrictive rules of the law.
>
>The exceptions for authors, journalists and artists are not enough, since
>freedom of speech is not a right restricted to only people of these special
>vocations.
>
>Examples of Activities which are Illegal According to the Act:
>
> o Search engines like Alta Vista.
> o Any criticism of a person without permission from the criticsed
> person,
> like for example criticism of a public official.
>
> Examples of how the Act has been Applied in Sweden
>
>The Swedish Data Inspection Board has in general interpreted the law in such a
>way that it allows all activities which it likes, but disallows all activities
>which it dislike. Examples of web pages which have been forbidden by the board
>are:
>
> o A list of fur producers kept by an animal-rights organisation.
> o A list of bank directors, criticised for misuse of their rights by an
> organisation for bank customers.
>
> How should the Directive be Changed
>
>The general view in Sweden is that it is not enough to make slight changes in
>the directive. The whole directive should be rewritten. Instead of making
>almost all human activity illegal, the directive should specify a list of
>typical understood kinds of data bases, to which it applies, and only be
>applied to those. The main problem with the directive is that it applies
>to so many things which the lawmakers did not understand when they
>wrote the directive. Directives with serious risks for infringement
>in freedom of speech should be restrictive, not general-purpose!
>
>Examples of items in such a list in a new directive might be:
>
> o Personnell data bases
> o Medical patient data bases
> o Customer data bases
> o Police data bases
> o Direct marketing data bases
>
>There should also be a procedure for extending this list, when needed. Because
>of the risk of conflict with freedom of speech, the directive should be
>restricted and not general-purpose.
>
> How to Change the Directive
>
>The Commission of the European Communities (CEC) has asked member countries to
>comments on experience with the act. However, these comments will probably
>mostly be supplied and handled by people who have a vested interest in the
>existing directive. To get the directive changed, public opinion must be made
>aware of the problem. Write to newspapers, media, and to the department of
>justice in your country!
>
> More Info
>
>Freedom of speech and the EU Data Directive at URL
>http://www.dsv.su.se/jpalme/society/eu-data-directive-freedom.html
>
>Swedish attempts to regulate the Internet at URL
>http://dsv.su.se/jpalme/society/swedish-attempts.html
>
>The Swedish personal register law: http://dsv.su.se/jpalme/society/personal-
>register-law.html
>
>[7] History of the COM Computer Conferencing system,
>http://dsv.su.se/jpalme/s1/history-of-KOM.html
>
> Swedish-Language References
>
>The laws in the reference list have URLs to their Swedish-language text.
>[1] Swedish constitution on freedom of speech, Regeringsformen,
>http://www.notisum.se/rnp/sls/lag/19740152.HTM
>[2] Swedish constitution on public documents, Tryckfrihetsförordningen,
>http://www.notisum.se/rnp/sls/lag/19490105.HTM chapter 2.
>[3] Libel (slander), racial agitation, etc. in Brottsbalken,
>http://www.notisum.se/rnp/sls/lag/19620700.HTM
>[4] Copyright act, http://www.notisum.se/rnp/sls/lag/19600729.HTM
>[5] Data act, http://www.notisum.se/rnp/sls/lag/19730289.HTM
>[6] BBS act,http://www.notisum.se/rnp/sls/lag/19980112.HTM
>
>This document in web format with links to related documents:
>http://dsv.su.se/jpalme/society/eu-data-directive-revision.html
>
>[Duplicate info snipped, an apparent copy and paste error. --DBM]
>
>--
>Jacob Palme <jpalme@dsv.su.se> (Stockholm University and KTH)
>for more info see URL: http://www.dsv.su.se/jpalme/
>
>
>
>
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