With the certainty that we are moving in the direction of have more and more information about our digital selves being collected - see this story on the new Intel chip (''These systems are likely to police copyright by watching who consumes what,'' said Chris Hoofnagle, legislative counsel with the Washington-based Electronic Privacy Information Center. ''There are grave consequences for privacy with these systems,'') - it is critical that we firmly assert our electronic privacy rights, including how that information flows across national borders.
The OEDC presented this "RECOMMENDATION OF THE COUNCIL CONCERNING GUIDELINES GOVERNING THE PROTECTION OF PRIVACY AND TRANSBORDER FLOWS OF PERSONAL DATA" in 1980:
- RECOGNISING:
that, although national laws and policies may differ, Member countries have a common interest in protecting privacy and individual liberties, and in reconciling fundamental but competing values such as privacy and the free flow of information;
that automatic processing and transborder flows of personal data create new forms of relationships among countries and require the development of compatible rules and practices;
that transborder flows of personal data contribute to economic and social development;
that domestic legislation concerning privacy protection and transborder flows of personal data may hinder such transborder flows;
Determined to advance the free flow of information between Member countries and to avoid the creation of unjustified obstacles to the development of economic and social relations among Member countries;
RECOMMENDS:
That Member countries take into account in their domestic legislation the principles concerning the protection of privacy and individual liberties set forth in the Guidelines contained in the Annex to this Recommendation which is an integral part thereof;
That Member countries endeavour to remove or avoid creating, in the name of privacy protection, unjustified obstacles to transborder flows of personal data;
That Member countries co-operate in the implementation of the Guidelines set forth in the Annex;
That Member countries agree as soon as possible on specific procedures of consultation and co-operation for the application of these Guidelines.
....PART TWO. BASIC PRINCIPLES OF NATIONAL APPLICATION.
Collection Limitation Principle
7. There should be limits to the collection of personal data and any such data should be obtained by lawful and fair means and, where appropriate, with the knowledge or consent of the data subject.
Data Quality Principle
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