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PRISM Scandal – Sean Kelly MEP to push introduction of ‘Anti-net tapping Clause’

Published: Wed, 19 June 2013

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Sean Kelly MEP, author of the European Parliament’s Industy Committee report on the Data Protection reform, today has given his agreement to the introduction of an “anti-net tapping clause” to the General Data Protection Regulation, known as “Article 42”.

Coincidentally, the former GAA President successfully negotiated the removal of Rule 42 from the GAA’s rulebook in 2005, which permitted the opening of Croke Park to Soccer and Rugby.

“Article 42 provides crucial protection for European Citizens by stating that third countries cannot access European data without a clear basis in national law. It prevents third countries from accessing our data at will or at random – an important protection for citizens in light of the recent PRISM ‘net-tapping’ revelations,” Mr Kelly explained today.

“Article 42 was originally dropped from the European Commission proposal following intense lobbying from US officials.

“It is a huge challenge to develop a uniform data protection law in Europe and to balance the needs of the authorities, business and private citizen in terms of access and privacy. However, Article 42 provides a very necessary firewall against any possible unwarranted ‘snooping’ on our citizens. Any monitoring of EU citizens by third countries should only be carried out under the terms of the so-called mutual assistance treaties in force  – they should have clear grounds in EU and national law.

Mr Kelly, who will meet leading US policymakers in Washington DC next month as a Member of the EU Delegation for Relations with the United States, has again stressed that without the trust of consumers and the general public, the Digital Market will not reach its full potential.

“Whereas we must not take our eye off the ball in the fight against terrorism, we must nevertheless ensure that this fight is carried out cleanly and that citizens have a right to redress under their own national courts.

“It is our job to restore the trust of EU citizens as we continue to negotiate the new Data Protection laws,” the MEP added.

Mr Kelly alongside his German EPP colleague Axel Voss MEP, is negotiating the reform of the Data Protection Regulation and is hopeful a compromise agreement can be reached between the European Parliament, Council and Commission in the coming months.


Further Informaiton

Note to the Editor:

Text of Article 42

Article 42

Disclosures not authorized by Union law

  1. No judgment of a court or tribunal and no decision of an administrative authority of a third country requiring a controller or processor to disclose personal data shall be recognized or be enforceable in any manner, without prejudice to a mutual assistance treaty or an international agreement in force between the requesting third country and the Union or a Member State.
  2. Where a judgment of a court or tribunal or a decision of an administrative authority of a third country requests a controller or processor to disclose personal data, the controller or processor and, if any, the controller’s representative, shall notify the supervisory authority of the request without undue delay and must obtain prior authorisation for the transfer by the supervisory authority in accordance with point (b) of Article 31(1).
  3. The supervisory authority shall assess the compliance of the requested disclosure with the Regulation and in particular whether the disclosure is necessary and legally required in accordance with points (d) and (e) of paragraph 1 and paragraph 5 of Article 41.
  4. The supervisory authority shall inform the competent national authority of the request. The controller or processor shall also inform the data subject of the request and of the authorisation by the supervisory authority.

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