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EU: European Data Protection Supervisor (EDPS) highly critical of proposed Anti-Counterfeiting Trade Agreement

01 February 2010

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EU: European Data Protection Supervisor (EDPS) highly critical of proposed Anti-Counterfeiting Trade Agreement (ACTA): Press Release (pdf) and Opinion: full-text (pdf). The EU (represented by the Commission) is taking part in negotiations on the drafting of an Anti-Counterfeiting Trade Agreement (ACTA). These negotiations were launched in 2007 amongst an initial group of interested parties and then continued with a broader group of participants; to date those include Australia, Canada, the European Union, Japan, Korea, Mexico, Morocco, New Zealand, Singapore, Switzerland and the United States, commenting Mr Hustinx said: "the EDPS particularly regrets that he was not consulted by the European Commission on the content of such an agreement." and:

"Insofar as the current draft of ACTA includes or at least indirectly pushes for three strikes Internet disconnection policies, ACTA would profoundly restrict the fundamental rights and freedoms of European citizens, most notably the protection of personal data and privacy....

"Furthermore, as far as ACTA involves exchanges of personal data between authorities and/or private organisations located in the signatory countries, the EDPS calls on the European Union to implement appropriate safeguards. These safeguards should apply to all data transfers made in the context of ACTA - whether they are in the field of civil, criminal, or digital law enforcement - and should be in accordance with the data protection principles set forth in Convention No 108 and Directive 95/46."

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