Twelfth Annual Report [antikvár]

introduction by the chairman of the article 29 data protection working party "Freedom belongs to those who conquer it." André Malraux This twelfth annual report on data protection reviews the significant progress made during a particularly eventful and challenging year. It is also the first report which I have the honour of presenting as Chairman of the Article 29 Working Party, taking over from my colleague and friend Peter Schaar. This report is especially important as it reflects the remarkable work done by the various national delegations within the Article 29 Working Party in 2008. It recounts the particularly effective synergy which has allowed the adoption of stances crucial for the protection of individual liberties. Faced with new complex issues related to the extraordinary development of information systems, our group has forged a doctrine of its very own, by synthesising concepts shared by the various national data protection authorities. It has overcome certain differences of interpretation to focus on building a common foundation of values and principles which it believes deserve special protection. In particular, four strategic issues have been given our attention during 2008. The protection of children's personal data is one of the central themes of our work programme. This concern mainly results from the development of social networks on the Internet and the new behaviours they bring about. The specific situation of children, their vulnerability and development, required the group to focus on these issues and identify appropriate solutions. This has been done since the adoption of the WT147 notice of February 2008. Our group presented a structured summary of concerns relating to the protection of children's personal data, with a view to defining the basic principles that apply to children and clarifying their practical implementation in school settings. However, the subject has not been exhausted and other developments will inevitably follow. For now, the progress that our group has made so far constitutes an essential common basis for our future work. Search engines are another key subject on which we are working. In our information society, Internet search engine providers have become an everyday part of the lives of Internet users and, therefore, play an important intermediary role in the provision of free access to information. However, the huge amounts of user data they collect, process and store each day has a significant impact on the protection of users' personal data. Therefore, a joint reflection and precise framing of these practices was necessary. In its joint recommendation WT 158 of April 2008, our group established rules to strike a balance between the legitimate interests involved. This recommendation was an opportunity to build a framework for action directed at search engine providers in which their obligations are clearly defined. It has also served to reiterate the rights of users in terms of the right of access or correction.