Abstract

Author: Chris Bailey
Internet Rights Bulgaria
chrisbailey@socialrights.org

Title: Data protection as a fundamental right – EU policy

Abstract: I am the Founder and Policy Coordinator of Internet Rights Bulgaria. This organisation was set up to develop use of the Internet and information technologies to strengthen the growth of the social NGO sector in Bulgaria, particularly through the Social Rights Bulgaria website <www.socialrights.org>. Our activities takes place within the context of Bulgaria’s application to join the European Union (EU) and are integrally linked to this development. Through our work we want to emphasise to Bulgarians that joining the EU is not just about economics and business: it is also about joining a ‘social Europe’ basing itself on guarantees of fundamental human and social rights for its citizens.

One of those fundamental rights, very firmly established through a number of EU directives, and further confirmed in the EU Charter of Fundamental Rights (Articles 7 and 8), is the right to privacy, including particularly data protection. Unlike the ‘market led’ approach to privacy adopted in the United States and elsewhere, the EU has adopted a strong legislative approach to protecting the privacy of its citizens through a series of Data Protection Directives the implementation of which are overseen by independent Data Commissioners. Under Article 28 of the EU Data Protection Directive, all EU member states must have an independent enforcement body.

As part of its application to join the EU, Bulgaria has had to comply with these policies. Its Personal Data Protection Act came into force on January 1st 2002, followed by a Convention for the Protection of Individuals with regards to Automatic Processing of Personal Data, ratified in June 2002. The Bulgarian Commission for Personal Data Protection has been set up as an independent supervisory authority subsidised from the national budget.

At the European Union – Western Balkans Summit that took place at the end of the EU Summit in Thessaloniki last June the prospects of EU membership for Western Balkan countries was empathised by the EU and the desire to become members was strongly expressed by Western Balkan countries. This has a very important bearing on the subject of this present conference. If Western Balkan counties are serious about eventually becoming members of the EU then this must greatly affect their approach to Data Protection. Like Bulgaria, they will have to adopt legislation, in line with EU Directives, that guarantees fundamental privacy and data protection rights for their citizens, overseen by independent supervisory authorities, rather than adopting the US market led approach to privacy and data protection.