Data protection and consumer organisations
By Willemien Bax
Representing consumer interests
EU institutions
43 members
31 countries
34 Members of staff
Forbrugerradet
(Denmark)
Organización de
Consumidores y Usuarios –
OCU (Spain)
Altroconsumo
Stiftung Warentest
DECO
(Germany)
Sveriges Konsumentråd – SK
(Sweden)
VZBV
Consumentenbond
(UK)
(NL)
(Portugal)
Test Achats
(Belgium)
UFC - Que Choisir
(Germany)
Which?
(Italy)
(France)
Bulgarian National Consumers
Association – BNAP
Polish Consumer Federation
Cyprus Consumers' Association
Assocation of Polish Consumers SKP
Consumers' Organisation of
Macedonia – OPM
Association for Consumers'
Protection – APC (Romania)
Estonian Consumers Union - ETL
Latvia Consumer Association - PIAA
Ghaqda tal-Konsumaturi - CA Malta
National Association for Consumer
Protection in Hungary – NACPH
Croatian Union of the Consumer
Protection Associations – Potrosac
National Association for Consumer
Protection in Hungary – NACPH
Sdruzeni obrany spotrebitelu Ceske
republiky-SOS (Czech Republic)
TEST (Czech Republic)
ZSS
-
Association
of
Slovak
Consumers
Zveza Potrošnikov Slovenije – ZPS
(Slovenia)
Smile, you’re being watched
The glass consumer
What do consumers want?
68% are concerned about data protection
64% feel that awareness and information on these topics are not
yet satisfactory
49.3 % concerned about the amount of data required by sellers
66.7 % concerned about the commercial use of personal
data
82% of EU Internet users believe that data transmission
is not sufficiently secure
EU Consumer summit, 1-2 April 2009 – Results of survey of consumers by the European Commission on the digital environment &
Eurobarometer survey on data protection in the EU - citizens’perceptions, February 2008
What do consumers want?
I have no problem providing personal data
6%
10%
true
not true
I don't know
84%
What do consumers want?
Companies buy my data without asking
14%
6%
true
not true
I don't know
80%
What do consumers want?
My private data are only used for the purpose I gave them
22%
9%
true
not true
I don't know
69%
What do consumers want?
Companies and authorities are not keeping my private data
without me knowing
14%
5%
true
not true
I don't know
81%
What do consumers want?
I know where to go if I have a complaint on the use of my
private data
21%
24%
true
not true
I don't know
55%
What about the « Digital Natives » ?
82% of young people is very concerned that personal
information is used without their knowledge
75% that their identity is reconstructed using personal
data from various sources
69% that their views and behaviours may be
misrepresented based on their online personal information
Scientific report 'Young People and Emerging Digital Services', 2009
Problems BEUC members report
• insufficient information provided on what data collected &
how used
• more data collected than strictly necessary
• privacy notices too complicated and legalistic
• little influence on whether or not personal data are « sold »
to third parties
• no or insufficient reporting of security breaches or misuse
• difficult access to redress, for the moment mostly through
the courts
• practically no practical help & difficult to ensure that
damage is repaired/repayed
Key data protection principles
• to be informed when, why, and for which recipients personal
data is collected and processed
• to collect data adequate, relevant and not excessive in relation
to the purpose (“fit for purpose”)
• to have access to the collected data
• to have data kept accurate, up-to-date, rectified, erased or
blocked for further processing
• to be informed before data are disclosed to third parties and to
object to such transfers
Key data protection principles
• to have the data managed in a confidential, secure and
transparent manner
• to be protected against accidental/ unlawful destruction, loss,
alteration, unauthorised disclosure or access
• to have the minimum amount of data kept for a minimum time
period
• to receive a judicial remedy & compensation for damage
Better enforcement
only 13 % of the people responsible for data protection within
companies said they were very familiar with the provisions of the
data protection law
56% of the people responsible for data protection issues within
companies said they were only somewhat familiar
Eurobarometer, February 2008
Some suggestions
1.
better enforcement of the current directive
2.
better common understanding of principles
3. drastically improved privacy notices/ integrating the unfair
contract terms directive
4. standard notices to be developed with the help of consumer
organisantions?
5. more use of secure-by-default and « privacy-by-design »
products & processes
6. ensure data ananomity as much as possible
7. extension of mandatory data breach notification to all sectors
dealing with personal data
Some suggestions
8. central contact points where consumers can get help
9. compensation for unauthorised data exchange, data loss &
security breaches that lead to damage
10. easier access to redress; alternatives to going to court
11. collective actions to provide an effective deterrent against
negligence and/or unlawful data exchange
12. more education and information on consumer rights and risks
Thank You
The European Consumers Organisation
Bureau
Européen des Unions de Consommateurs
Rue d’Arlon 80-1040
Bruxelles
Tel: 0032 2 743 15 90 - Fax: 0032 2 740 28 02
Email: [email protected]
www.beuc.eu