A3-0347/93

Resolution on providing legal protection against interference in people's private lives

The European Parliament,

-having regard to its resolution of 10 October 1991 on the activities of the 'Economic League',

-having regard to Rule 148 of its Rules of Procedure,

-having regard to the report of the Committee on Legal Affairs and Citizens' Rights (A3-0347/93),

A.whereas in its resolution of 8 May 1979 on the protection of the rights of the individual in the face of technical developments and data processing, Parliament called upon the Commission to prepare a proposal for a directive on the harmonization of legislation on data protection to provide citizens of the Community with the maximum protection,

B.whereas the Council has consulted Parliament on the Commission's proposal for a Council directive concerning the protection of individuals in relation to the processing of personal data (COM(90)0314),

C.whereas Parliament, at first reading of the above proposal on 11 March 1992, adopted amendments, in particular Amendment No. 63 prohibiting the manual or automatic processing of data of a strictly private nature in the private sector,

D.whereas Article 3(1) of the amended proposal (COM(92)0422) provides that its provisions will apply to the processing of personal data wholly or partly by automatic means, and to the processing otherwise than by automatic means of personal data which form part of a file or are intended to form part of a file,

E.whereas Article 8(1) of the amended proposal (COM(92)0422) prohibits the processing of data revealing racial or ethnic origin, political opinions, religious beliefs, philosophical or ethical persuasion or trade-union membership, and of data concerning health or sexual life,

F.whereas the object of national laws on the processing of personal data is to protect fundamental rights and freedoms, notably the right to privacy, which is recognized both in Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms and as a general principle of Community law,

G.whereas those provisions of the amended proposal concerning the protection of the rights and freedoms of individuals, notably the right to privacy, give substance to and amplify those contained in the Council of Europe Convention of 28 January 1981 for the protection of individuals with regard to automatic processing of personal data,

H.whereas data which are capable by their nature of infringing fundamental freedoms or privacy should not be processed unless the data subject has given his written consent; whereas, however, the processing of such data must be permitted if it is carried out by a foundation or non-profit-making association of a political, philosophical, religious or trade-union character in the course of its legitimate activities and on condition that the processing relates solely to members of the foundation or association and to persons who have regular contact with it in connection with its purposes and that the data are not disclosed to third parties without the data subject's consent; whereas, on grounds of important public interest, notably in relation to the medical professions, exemptions may be granted by law or by decision of the supervisory authority laying down the limits and suitable safeguards for the processing of these types of data,

I.whereas privacy is a fundamental right and is as such part of the 'Acquis Communautaire',

J.whereas any exception to the prohibition on processing data must be narrow,

K.whereas the Economic League carries on the automatic and manual processing of data referring to political convictions and trade-union membership without the consent of the person involved; whereas this information is, moreover, sent to third parties without the consent of the person involved,

L.whereas this type of processing is not performed in circumstances where there is manifestly no infringement of privacy or fundamental freedoms as provided for in Article 8(2)(c) of the amended proposal (COM(92)0422),

1.Considers that the right to privacy must be protected in Community legislation concerning the processing of data;

2.Affirms that there are categories of personal data (data revealing racial or ethnic origin, political opinions, religious beliefs, philosophical or ethical persuasion or trade-union membership, health or sexual life) which, because they are generally considered to relate to the very essence of the person, should, subject to limited exceptions, be excluded from data processing;

3.Affirms that exceptions to this principle can only be accepted in a restricted number of clearly defined cases;

4.Stresses the importance of having Community legislation in the area of data processing;

5.Calls on the Council to accept the amendments proposed by Parliament at its first reading, in order to achieve a harmonized system of data protection at Community level;

6.Condemns any type of activity which consists of processing data which could undermine fundamental human rights;

7.Resolves to monitor the protection of individuals with regard to the processing of personal data in its annual report on respect for human rights in the European Community;

8.Instructs its President to forward this resolution to the Commission and Council.