CoE Head Jagland to EF on Data Protection Review: Balance with Security = Difficult, but Possible

*Strasbourg/CoE/Angelo Marcopolo/- CoE's Secretary General, Thornbjorn Jagland, an Experienced former Prime Minister of Norway and President of the NOBEL Peace Prize Committee, Speaking to "Eurofora", stressed his Belief that Balancing Data Protection and Topical Security issues should be Possible, even if Difficult, while CoE is currently Finalizing a "Modern" Review of its 1981 landmark Convention, the only such Binding intsrument in the World.

    Jagland spoke to "Eurofora" just after his Keynote Speech to an International Conference organized in Strasbourg on the PanEUropean Organisation's Historic Convention on Data Protection, Advancing "from European Reality to a Global Treaty", according to its Official Heading, which points at Fast-Evolving  and Important Real Stakes Today, as several Other Particpants also described to "Eurofora", (See Infra).

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    - "Do you think that you might Succeed to Strike the Balance between a Strong Protection of Personal Data and Efficiency in the Anti-Terrorism Fight ?", "Eurofora" asked Jagland.

    - "I think that it is Possible", CoE's Secretary General Optimistically Replied to "Euroora"s Question from the outset

    - "But, Not very Easy...", he Realistically Warned, however.

    - "Notably for the Convention", Jagland made it clear, as far as it concerns the forthcoming Review in 2016 of CoE's 1981 landmark Convention.

    -- In fact,  we Need to find out How to Deal with the  "Deep Technological Revolutionary Changes" currently unfolding "at a Global level".

    - Because, "we (EU/CoE) don't yet sufficiently Understand  what is really going on", while, nevertheless,  we understand that "the Winds of Changes are Blowing" Today, he Earlier pointed out. 

    - Jagland, speaking previously at Today's CoE International Conference on the Data Protection Conference (See Infra), said that he Hopes "that a Revised Text will be Adopted",   by the PanEuropean Organisation's Committee of Ministers, "by the End of the Year" 2016.

    A "Modernisation" of CoE's Historic 1981 Convention o Data Protection was decided mainly after 2010 - 2011, focusing, in particular, on New Digital Technologies and on Monitoring the Implementation of its Principles, (See Infra)

    - Governments now have an unprecedented capacity for Surveillance. And sometimes they need to use it to keep us Safe", while also  Big "Companies now have the unprecedented ability to use and share our personal information. And sometimes this means better products and services". Recently, " growth in Terrorism and cyberCrime has Forced us to re-evaluate the level of State intrusion we are willing to accept in our own lives, for the sake of our shared Security", he observed.

    - But "I find very Worrying the idea that we are somehow entering a ‘Post-Privacy’ Age", because"Privacy is fundamental to individual Liberty – protected under Article 8 of the European Convention of Human Rights", and "It is Vital for keeping the Powerful in Check".

    => Therefore, "it is Essential that we work Together to develop and implement these, at International level", since "the Internet crosses national Borders". Thus, it's "extremely important that (CoE's) Convention – the World’s Only international, legally-binding data protection treaty – is going Global", Jagland concluded,

    Welcoming the Accession of 6 Non-European Countries at this "Open" CoE's Treaty, after Uruguay, some Years ago, that of Mauritius Today, while Morocco and Tunisia, as well as Senegal have already been Invited by CoE's Committee of Ministers to join asap, and Cape Verde has just presented a Request. But Jagland also expressed the "Hope" that "Many Other" Non European Countries are soon Added to the List.

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    Meanwhile, Belgium signed, Today in Strasbourg, a Cooperation Agreement with Tunisia as also with Morroco, which includes Training on how Get Ready to Apply CoE's Convention asap.

    + Experienced Professor in Law and Information Systems at the Australian University of New South Wales (NSW), Graham Greenleaf, observed that, Today, about 110 Countries all over the World, have Some kind of Data Protection Laws, from which Only 56 are Out of Europe, where the 46 Member States' strong COE is recently Extending its scope  to anOther 6 Non-European Countries, (Comp. Supra).

    Professor Greenleaf, speaking later-on to "Eurofora", noted also that EU's relevant New Directive for 25 Member States, (initialy proposed by EU Commission already Since 2012), which Adds, inter alia, also Automatic Procession of Data issues, isn't yet due to Enter into Force before 2 Years' Time from now, while CoE's 46 Member States' relevant Convention is already Applicable, and has a much Wider scope.

    Both EU's Data Protection Supervisor Giovanni Buttarelli, and UNO's Special Rapporteur on the Right to Privacy, Joseph Cannataci, observed, in substance, that, at any case, CoE's Convention would always have a Useful "Complementary" role to play.

    - The President of CoE's Data Protection Committee, Jean-Philippe Walter from Switzerland, speaking, meanwhile, to "Eurofora", reminded that it was, Initialy, a PanEuropean Meeting at Montreux (Facing Geneva, from the Other side of the Lake), already as Early as since Back on 2004, which had Launched the Idea of that CoE's Convention Going Global, and this was Endorsed, between 2010-2011, by its Committee of Ministers, and a Specialized Meeting of its Ministers of Justice.

    As far as the Main CoE's Convention on Data Protectio, Opened for Signature as Early as already since 1981, France and Germany, together with Spain,  Sweden and Norway, soon Joined by the UK, Austria and Luxembourg, were among the First to Ratify, Followed, later-on, by All the Other CoE's Members.

    - "Last came Turkey, just a Month ago", (i.e. on May 2016 !), told "Eurofora" the Experienced President of COE's Committee on Data Protection, Philippe Walter from Switzerland. (Probably, Ankara's exceptionaly Delayed Decision was motivated by its current Attempt to obtain a Controversial and UnPopular "Free Visa" status for 90 Millions of Turks inside the EU, since it concerns one out of the 5 still PendingConditions)...

    But a 2001 "Additional Protocol" which mainly concerns "TransBorder" Data Flows, and entered into force on 2004, hasn't yet been Ratified neither by Russia, nor by the UK, Italy, Turkey and Other Countries, (such as Greece, Belgium, Norway, Slovenia, Malta, San Marino, and Azerbaijan). On the Contrary, Germany and Sweden, as well as the Czech Republic, Slovakia, Lithuania and Cyprus, were among the First to Ratify it, closely followed by Poland, the Netherlands, Hungary, Albania, etc, and, later-on, by the Rest of PanEuropean CoE's Member States.  But the Controversial  Issue of TransBorder Data Flows possible Use mainly by the USA, notoriously still Keeps Russia and several Other Countries away from endorsing also COE's "CyberCrime" Convention, (Opened for Signature also since 2001, i.e. practicaly at the Aftermath of 9/11).

    - Today, Russia is some Other CoE Member Countries are also Disagreing with the current Draft for the "Modernisation" of the Historic 1981 Convention on Data Protection, particularly because they Want to Exclude from its scope the Data used for "State Security" issues. But, as any New Protocol Amending the Convention needs the Acceptance of All its Member States, then, Unless a Compromise is found with Moscow, COE might be Obliged to present all its Draft as a kind of a ..."New Treaty", due to be Signed and Ratified by those COE's Members who are Willing to do so, President Walter speculated, Smiling to "Eurofora"...

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    + CoE Committee of Ministers' Coordinator on Information Society,  Ambassador of Belgium, Dirk Van Eeckhout, (who served recently as President in office of the CoE), speaking to "Eurofora", explained that, by calling earlier the "CyberCrime" Convention as "1 Arm of the COE", and its "Data Protection" Convention, "the 2nd Arm of the COE", he is pointing, in particular, on People's "Trust" that their elementary Rights  could be Safeguarded even when Public Authorities have to take Measures to Fight against Terrorism and other serious Crimes. The one doesn't go without the other, he resumed in substance.

    ++ Finally, COE's Director on Information Society, Patrick Penninckx, who Concluded Today's International Conference, by Stressing that the PanEuropean Conventio was, in fact, "a Unique Global Compass"  on Data Protection, since, currently, "there is No realistic Alternative" to that, Worldwide, while also Promissing that, by "Modernizing" it, CoE "will Never become Complacent on Privacy", since "Data are becoming <<the New Oil>> Today", and "we Need an Investment in Trust", Speaking later to "Eurofora", observed that the Next Step of the International Community on "Global Governance" at the Internet, was the Forthcoming UNO's "Internet Governance Forum", scheduled this year "in Mexico", on December 2016.

    - California based "ICANN" might evolve towards a Global Internet Governance body, particularly if it becomes more Independent, but the USA don't seem ready yet to give up all ICANN's links to the American IANA, etc., he observed. In this Context, some have thought that the 47 Member Countries-Strong, PanEuropean COE, which currently still remains as the Only Organisation in the World with Legaly Binding Tools, as well as several Legal Standard-setting Instruments, on the Internet, might, eventualy, Play also a Global Role on Web Goevrnance. But it's Not Sure at all that the Americans would Accept such a role for a Body based in France, even if, however, we (CoE) have some Strong Supporters "at Washington DC", he optimisticaly pointed out.

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("DraftNews", as already send to "Eurofora"s Subscribers/Donors, earlier. A more accurate, full Final Version might be Published asap).

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