Re: [hr-wsis] privacy language proposals, paras 49-54

[Andrew Anderson <andrewanderson@frontlinedefenders.org>]

I don't know if you have addressed it elsewhere but one of our main 
concerns with regard to privacy would be that those working for the 
protection of human rights and the prosecution of those responsible for 
human rights violations need to be able to store information on 
witnesses and witness statements in a secure way. As those responsible 
for human rights violations are often agents of the state, there is a 
particular issue with regard to the state being able to access such 
data. There have been plenty of examples of state agents seeking 
retribution or to intimidate witnesses from testifying against them.

There is a risk of perpetrators of human rights violations (or other 
crimes) seeking  to compel  disclosure of information  that was given in 
confidence to human rights defenders ( including lawyers and 
journalists) unless data protection and/or privacy laws are very 
carefull framed. In this context I would have some concern about the 
proposed wording: "_The collection, retention, use and disclosure of 
personal data, no matter by whom, should remain under the control of and 
determined by the individual concerned_."

This perhaps links to a broader point in support of your amendment to 
paragraph 50.  It might be worth stressing that we are actively keen to 
see those guilty of committing or contributing to human rights 
violations brought to justice. The use of information technology to 
investigate and prosecute those involved in such crimes could be 
welcomed if it occurs within a legal framework that provides adequate 
safeguards. It might, for example, be particularly useful in 
investigating those involved in the arms trade (governments and the 
private sector) not to mention corruption and other illegal flows of funds.




Andrew Anderson
Deputy Director
Front Line
The International Foundation for the Protection of Human Rights Defenders
16 Idrone Lane, off Bath Place, Blackrock, Co. Dublin, Ireland

Tel. 00353-1-212-37-50
Fax. 00353-1-212-10-01
mob. 00353-87-205-6867
www.frontlinedefenders.org 





Rikke Frank Joergensen wrote:

> hi all
>
> together with the Privacy and Security working group we have just been drafting some language for the Chairs doc on IG. 
>
> pls see attached,
>
> best
> rikke
>  
>
> ------------------------------------------------------------------------
>
>
>
>
> ---
> This message is virus free.
> Checked by AVG Anti-Virus.
> Version: 7.0.344 / Virus Database: 267.11.6 - Release Date: 23/09/2005
>  


--
Andrew Anderson
Deputy Director
Front Line
The International Foundation for the Protection of Human Rights Defenders
16 Idrone Lane, off Bath Place, Blackrock, Co. Dublin, Ireland

Tel. 00353-1-212-37-50
Fax. 00353-1-212-10-01
mob. 00353-87-205-6867
www.frontlinedefenders.org