CoE Legal/Human Rights Director General Boillat to EuroFora: New Media+Data Protection rules in 2014

*Strasbourg/CoE/Angelo Marcopolo/- In almost 1 Year, the PanEuropean, 47 Member Countries strong CoE can have a  brand New set of Rules for Data Protection at the Internet, while also making progress on New, Web Media and Journalists' Freedom, according to its latest Decisions, in cooperation with the 28 States of the EU, which might build, at the same time,  even more Advanced Rules, after the "Concern" expressed just a few Days earlier at a CoE's landmark opening , said to "EuroFora" the competent CoE's Director General for Human Rights and Legal affairs, Philippe Boillat, from Switzerland, echoing the incoming CoE's new Chairman for the period of November 2013 up to May 2014, Austrian vice-Chancelor and Foreign Minister, Michael Spindelegger's call to "Move Forward" on New Media and Internet protection, (See Spindelegger's Statements to "EuroFora" at a specific NewsReport).     

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 -- "Last week's Conference of Ministers responsible for Media and Information Society, held at Belgrade (Serbia), adopted a Political Declaration, and 3 Resolutions : One on the Internet Freedom, another on Media at the Digital era, and theThird on the Protection of Journalists", so that "most Questions" currently raised, should "find all the necessary Replies in these (New) Instruments", Boillat reminded from the outset to "EuroFora".
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- Interestingly, the 2013 CoE's Ministerial political Declaration warns  from the outset (Art 2 and 3) that "Freedom of expression and Media freedom are threatened in various parts of Europe, On-Line as well as offline", ans "calls for political commitment and additional efforts by member States",  in this respect". while also reminding the fact that, already "in 2011, the CoE embraced a New Notion of Media, acknowledging that media-related policy must take full account (also) of ...New Forms of Media", which "provides Criteria for Identifying various forms of media, ..in respect of media Freedom and its protection, ...independence, pluralism and diversity, as well as a reference for the duties and responsibilities of the various actors". - "Whether Print, Broadcast or On-Line", "Independence of Media, and Media Freedom .. require .. Self-Regulation", while "Undue State Regulation ... and Supervision ... have Negative effects", CoE's competent Ministers added (Art. 4).  Moreover, CoE's Ministers are "Appalled that Journalists and other Media actors who carry out journalistic activity or perform public watchdog functions, are increasingly subject to  (various) forms of Harassment  ....because of their Media related activities"

   => In consequence, the 2013 CoE's Ministerial Belgrade Conference, officially  "invite(s) the CoE to promote Media Freedom - whether Print, Broadcast or On-line", and "States to reinforce their work on Expression and Media Freedom on the Basis of the New Notion of Media", (i.e. Web-based Media, respecting Journalistic Deontology, Editorialy Independent, and providing real News Content).

+ In parallel, CoE's 2013 Ministerial Declaration also "acknowledge(s) the fundamental importance for People to be able to Express themselves and Access information on the Internet without undue Restrictions",  while  "The right to Private life ... protected under Article 8 of the ECHR and the protection of Personal Data, one of its corollaries, has been expounded ...in Convention 108, EU legislation and other ... international and national laws" . .... Thus, "Data can be collected and processed for a legitimate aim", but, "any data collection or Surveillance for ...national Security; must be done in compliance with ...Human Rights and rule of Law requirements", because,.."given the growing technological capabilities for electronic Mass Surveillance and the resulting Concerns...there Must be adequate and effective Guarantees against Abuse, which may Undermine or even  Destroy Democracy", CoE's Ministers warned.

=> Therefore, CoE's competent Ministers formaly declared their "Firm Commitment to Internet Freedom", "fully compatible with ... the ECHR", and "full Support to the Implementation of COE's <<Internet Governance Strategy>> 2012-2015".

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CONCERN :
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- Currently, "there is an extremely Great Concern, among Ministers responsible for Media, about the New Means of Mass Surveillance (Spying), and this was also expressed by (CoE's) Secretary General", Thornbjorn Jagland.

=>  - "Now, CoE's idea is to take Measures", and  "First of all, to Strengthen the (International) Convention on Data Protection". "But, as you know, only those Countries which are Members of that (CoE's) Convention will be (Legally) committed by that, while", or the contrary, "the USA, since many spoke about the US, who are Not Member to this (Data Protection) Convention, will not be bound by that".

- Certainly, the USA (which already have a Special Status as Observers inside the CoE) have followed all developments concerning this (International) CoE's Convention. But, now, the Idea is to set up a kind of Monitoring, in the framework of its Revision", for which "Work has just Started this week in Strasbourg, and the Idea is to see if States really meet their Obligations, or not".

- "This is, mainly, where we are Today, and we (CoE) know that it's a Difficult Problem, it's a Global Problem, and that it's not easy, at a level of individual States, nor even at a Regional cooperation level, as that of the CoE, to solve all problems", he carefuly warned.

- However, meanwhile, "the EU is fully Associated to CoE's work,  and, in particular for the Revision (of the Data Protection Convention), because the Idea is to have Harmonized (Legal) Standards between EU's Directive and CoE's (Data Protection) Convention".

    - Asked by "EuroFora" if "he EU really plays the game" COE's experienced Director General positively but realistically replied that :  - "We (CoE) Hope that , because everybody involved is interested to have at least certain Minimum (Legal) Standards at east for the (CoE's) 47 Member States.  Afterwards, if the (EU's) 28 (Member States) want to advane even Further than that, we can't but be Glad about that, of course", he suggested.

    + As for "Russia", the PanEuropean Organization's Biggest Member State, Boillat found that "they are absolutely in Favour of Strengthening the Protection of Personal Data, in the context of what we've just described", as he said.

    => "Now, the idea is to work Together with the EU in order to Modernize (CoE's pre-existing) Convention No108 (on Data Protection), so that the Reglementations of the EU and CoE's conventional Rules won't be Diverging from each other", he reiterated.

    - From the Timing, point of view, "we (CoE) Hope that, from now, up to the End of Next Year (2014),  we shall have Completed the Work" of "Modernizing" CoE's Convention on Personal Data.

    + "Afterwards, of course,  we must have the (CoE'Member States') SIgnatures and the Ratification process. It's always rather Risky to Hazard any Time-limit Estimations about such things, but we (CoE) naturally wish for it all to be completed the Soonest possible", he carefuly but voluntaristically added, in reaction to "EuroFora"s reminder of the fact that f.ex. French Government's Top Experts had just said, recently in Strabourg, that the set of Rules currently prepared by the EU for the Internet should be completed approximatively in about 4 or 5 Years time, (See : .....).

    - Until now, "the TPD, (i.e. the Committee of Members to CoE's Convention on Data Protection), had been Preparing the Draft", which has recently been given to an "Ad Hoc" Committee, set up by CoE's Ministers  in order to Negotiate the Modernisation of this Convention : Called CAPDATA, it's a classical-style InterGovernemental Committee, with a Representative from Each one of CoE's 47 Membe States, which has just Started its work earlier this week in Strasbourg, where I've personaly Opened its inaugural meeting, and saw that they've are already working well", CoE's Director General for Legal/Human Rights issues explained to "EuroFora".

    => - Moreover,  "It will be an Open Convention, i.e. Not Exclusively reserved just for COE's Member States, and we really Hope very much that this Convention, which, by definition, deals  with Problems of Global Dimension, will be endorsed also by many Other Countries" accross the World, "which are Not CoE's Members", the Swiss Top Official of the CoE stressed about the New Data Protection International Convention.
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    In fact, some years ago, the so-called "Modernization" of CoE's classical "Convention No 108" on Personal Data Protection, one of the Oldest and most Respected Legal Instruments of the Strasbourg-based Organisation, was supposed, indirectly but surely, particularly after 9/11, to rather Soften, at least in some points, in an adequate manner, certain initial Safeguards which didn't seem fit to several Countried inside a World felt to be more exposed than in the Past to Terrorism, Organized Crime and Corruption challenges...

    But, naturally, one may Hope that, at least the Scandals revealed recently, both on USA's NSA spying and others, would have provided more Food for Thought to CoE's key Member States, in order to realize the Need, and the Occasion, for Europe to  Shape a really Trustworthy and Efficient Mechanism for all sensitive Data Protection, both for Human Rights and Defense, as well as in order to help develop a robust Digital Economy able to guarantee a Competitive Quality.

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