欧盟信息隐私法.docxVIP

Page PAGEXXX 54 Hastings L.J. 931, * 51 of 124 DOCUMENTS Copyright (c) 2003 University of California, Hastings College of Law Hastings Law Journal April, 2003 54 Hastings L.J. 931 LENGTH: 17959 words SYMPOSIUM: ENFORCING PRIVACY RIGHTS: THINKING ABOUT OPTIMAL ENFORCEMENT: Information Privacy Law in the European Union: E Pluribus Unum or Ex Uno Plures? NAME: Andrew Charlesworth* BIO: * Andrew Charlesworth, Senior Research Fellow in IT Law and Director of the Centre for IT Law, Departments of Law and Computer Science, University of Bristol, UK., a.j.charlesworth@bristol.ac.uk. The Centre for IT Law is sponsored by Vodafone Group Services Ltd, Barclaycard, Herbert Smith, Hewlett Packard Laboratories and the Law Society Charitable Trust. LEXISNEXIS SUMMARY: ... In mid-2002, the Commission of the European Union (EU) initiated a review of the operation of the 1995 Data Protection Directive (DPD), which the fifteen EU Member States were to have implemented into their national laws by October 1998. ... While there are other grounds under which fair and lawful processing may take place, for example, the balance of interests ground, which allows processing which is necessary for the legitimate interests of the data controller where the processing does not cause undue prejudice to the fundamental rights and freedoms of the data subject, consent is often the ground on which data controllers would prefer to justify their processing. ... Additionally, given the on-going implementation of the Directive, and the associated work taking place in relation to cross-border data transfers both within and outside the EEA, to undertake such a radical change in EU policy would probably be counter-productive. ... To the extent that websites adopt one-size-fits-all to comply with privacy laws, an opportunity cost is imposed on those users who have different preferences, and would choose to share more (or less) personal data ... The suggestion ... that fully informed and freely given us