The European Union and Data Protection: Programme

The Treaty of Amsterdam has placed a higher obligation on the European Union to guarantee protection of personal data, an obligation ensuing from the fundamental right to the protection of privacy laid down in Article 8 of the European Convention on Human Rights. A reference to the Convention appears in Article 6 of the EU Treaty).

This hearing sets out to review the sensitive issues surrounding the strategy pursued by the Union in the action it takes either within the sphere of Community competence (particularly in relation to Directive 95/46/EC) or in the context of other policies and forms of cooperation (the second pillar - common foreign and security policy - and the third pillar - police and judicial cooperation in criminal matters).

The hearing will focus on topics introduced by the representatives from the institutions and the experts listed in the programme, who will then reply to the questions put to them by members of the parliamentary committees. (One minute will be allocated for a question and 3 minutes for a reply.)

Representatives from the national parliaments, civil society and other interest groups may participate in the hearing.

Tuesday, 22 February 2000

3 p.m. - 6 p.m. First half -day

"Data protection in the European Union - the Community framework"

3.00p.m.

Opening of proceedings

Mr Graham WATSON, Chairman of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs

3.10 p.m. : Mrs Ana PALACIO VALLELERSUNDI, Chairman of the Committee on Legal Affairs and the Internal Market

3.20 p.m. : Overview by Mr Frits BOLKENSTEIN, Commissioner with responsability for the internal market (this presentation seeks to outline the Commission's views on the current state of, and outlook for, EU policy in this field).

3.40p.m..

Problems of implementing Community provisions in the Member States.
(Problems have arisen with the implementation of the Directive which entered into force on 25 October 1998 in some Member States (France, Luxembourg, the Netherlands, Germany and Ireland). The Commission has decided to bring an action before the Court of Justice).

The following people are scheduled to speak:

3.50 p.m. : Mr Peter HUSTINX, Chairman of the Working Party set up under Article 29 of Directive 95/46 (which brings together national authorities responsible for data protection),

4.00 p.m. : Mr Peter SEIPEL (expert).

4.10 p.m. : Question and Answer session.

5.00p.m

Data protection in third countries. Case no. 1: 'safe harbour' in the USA.
Article 25 of Directive 95/46 /EC entrusts the Commission with the task of verifying whether the protection guaranteed by third countries is adequate in relation to the protection guaranteed under the Directive. The United States is the first country to undergo this verification procedure, which has been under way for several months (see also the work of the Committee created by article 31 of Directive 95/46). This case may set a precedent for future verification procedures involving other third countries. The following people are scheduled to speak:

- Mr John MOGG, Director-General for the Internal Market at the Commission

5.10 p.m.: Mr Stefano RODOTÁ, Vice-Chairman of the Working Party set up under Article 29 (introducing recommendation 7 on this matter),

5.20 p.m.: Two members of the US Congress delegation for electronic commerce will speak during the discussion. The Members of the delegation are: Mr Robert GOODLATTE (Chairman) , Mr Rick BOUCHER, Mr Charles CANADY, Mr Bart GORDON and Mr Cliff STEARNS.

5.40 p.m.: Mr Marc ROTENBERG, Executive Director of the Electronic Privacy Information Center in Washington DC will speak on issues relating to consumer protection in the United States.

5.50 p.m. : Question and Answer session.

	Wednesday, 23 February 2000 9.00 a.m. - 12.30 p.m. Second half-day « Data Protection in the European Union - non-Community provisions».
9.00a.m.	Data protection under the Third Pillar (police and judicial cooperation in criminal matters). Council of Europe Convention 108 currently serves as the frame of reference for the authorities responsible for data protection under the conventions governing Europol, customs cooperation and the Schengen agreements (part of the Third Pillar). Whilst the provisions of Convention 108 and those of Directive 95/46 are similar, their legal force varies. The need for a more consistent, or indeed common approach to legislative, operational and jurisdictional matters has been raised by Parliament and more recently by the Council. It is now a question of whether or not this convergence process is feasible, and the timetable required for it. The following people are scheduled to speak : 9.00 a.m. - Mrs Marie-Odile WIEDERKEHR, Director for Legal Affairs, International Secretariat of the Council of Europe, 9.10 a.m. - Mr Joachim de SEABRA LOPES, Council Presidency, 9.20 a.m. - Mr Adrian FORTESCUE, Commission Directorate-General for Justice and Home Affairs, 9.30 a.m. - Mr Bart DE SCHUTTER, Chairman of the Schengen supervisory authorities, or Mr Giovanni BUTTARELLI, Vice-Chairman, 9.40 a.m. - Mr H. FELGENHAUER Europol, 9.50 a.m. - Mr Erich MOECHEL external expert, 10.00 a.m. - Mr Hans Wolfgang EULER external expert. 10.10 a.m. - Question and Answer session.
11.00a.m.	Attacks on privacy outside the sphere of police and judicial cooperation: the problem of the interception of telecommunications ( ECHELON) A recent study conducted at the request of the European Parliament looked into the problem of the interception of telecommunications and the institutional, political and practical conditions which render such interception possible. This Hearing provides the study's coordinators with the opportunity to present their findings and reply to questions from MEPs. The research findings will be presented by Mr Duncan CAMPBELL. 11.30 a.m. Question and Answer session.
12.20p.m.	Mr Graham WATSON, Chairman of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs, will close the hearing.
	Requests to speak should be presented by Members of the Parliamentary committee when each new item is announced, and will be granted at the discretion of the session Chairman if the established timetable permits. Speakers are kindly requested to forward their contributions, in English or French in advance, so that copies of them can be printed and distributed in good time. This request also applies to all other contributions from national parliaments and from representatives of civil society and other interest groups.

Annex

Secretariat for the hearing :	Telephone	Address
Emilio De Capitani Head of division	32.2.284.35.08	European Parliament Rue Wiertz Atrium 781 1047 Brussels
Karine Thérer Secretariat	32.2.284.30.03	European Parliament Rue Wiertz Atrium 785 1047 Brussels
Jan Baeverstroem Documentation	32.2.284.36.59	European Parliament Rue Wiertz ASP 05D061 1047 Brussels
Marjory Van Den Broeke Press Division	32.2.284.43.04	European Parliament Rue Wiertz PHS 6A049 1047 Brussel
Ioannis Darmis Press Division	32.2.284.38.16	European Parliament Rue Wiertz PHS 6A051 1047 Brussel
Email of the Secretariat : dg2-libe@europarl.europa.eu

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