Guidelines for Communications - Research Paper Example

? Guidelines for Communications Introduction The processing of an individual data chiefly means the system or set of procedures which is execute upon it, whether or not by the involuntary means. Examples include the compilation, recording, the association, and also the storage. Further there is adaptation, the alteration, and the retrieval among others. While a controller is a lawful entity, a community authority, association or any other organization which only or mutually with others establish the principles and means of the dispensation of the individual data. The controller is mainly nominated by the state or even the society law. It is essential and mandatory to ensure that the EU citizens are never in a position where their privileges to privacy are compromised. Therefore, there must be a satisfactory and valuable means of scrutinizing the dispensation of the personal identity data by an appointed controller. Thus, the EU member ought to assign a competent controller to do the work. When private data are accumulated, they are mainly used in a variety of ways. An individual can give his personal data when he for instance, records for a library tag, or when he signs for gymnasium association, or even opens a depository account. Therefore, personal data can be gathered unswervingly from the individual or from an existing database. This information may afterwards be utilized for other reasons and further shared with extra parties. Personal data can be any data that recognizes an entity, such as a person’s name, an individual’s telephone number, or moreover an individual’s photo. The idea of development in computer knowledge and also in telecommunications system is permitting personal data to go across borders through superior simplicity. As personal data is collected and exchanged more frequently, regulation on data transfers is necessary (Bennet & Raab, 2007). The Specific Role of the EU Member State Controller with regards to EU Citizen Privacy Protection The controller is chiefly appointed by the government body. The key roles of the controllers in the EU include a variety of duties. For instance, they must be able to ensure limited types of personal data are collected from the member states of the EU. For instance, the data that is capable of revealing an individual’s ethnic, or the race, the political conviction, religious beliefs, or even the health as well as the sexuality is not to be collected unless the individual collecting that information has the right to do so in the member country. For example the government body or the employers are an example of those who have full rights and privileges to collect an individual’s personal data. Secondly, the controller must guarantee accuracy of the data collected. The controller ought to ensure accuracy of data and any data without accuracy must be deleted. This is to enable the availability of correct data and therefore the inaccurate data must be removed or updated and rectified. Additionally, the controller of the EU members must further ensure that the data collected from the individuals is kept securely and safely. Moreover, the data controllers must further ensure that they have implemented appropriate technical and also organizational measures so as to protect personal data against any forms of accidental loss, or even the alterations, or from any unauthorized disclosure or even access. Furthermore, the controller’s role is also to fully guarantee redress of the personal data. This is an independent mechanism that ensures individuals have recourse if they want to and feel like their rights to their personal data has been interfered with or infringed. Eventually, the controllers must ensure that the individual has a right and access to the power to investigate claims of data protection violations. They must also have a right to intervene and further stop the collection of any personal data and further initiate a legal procedure against any violators of the data protection rights (Staples, 2001). The Required Communication Methods needed to Coordinate Discovery Requests with the Controller For the controller to be able to effectively communicate with the concerned individuals about the discovery requests there must be a well set procedure and rules governing them. For instance, the idea of the technological developments has a secure manner on reactions to incidences like the terrorism-related intimidation which normally occurs in numerous increasingly interrelated appearances. For instance, firstly there is the novel technology of undeviating surveillance which includes things like the Closed Circuit Television (CCTV), merged with face identification software. Secondly, there are the motorway cameras that are competent of reading any car warrant plates and furthermore it can track any selected cars. Moreover, the controllers can apply the use of the technologies to monitor, to screen as well as analyze numerous numbers of handset and electronic mail interactions simultaneously in genuine instances. Thirdly, there is an enormous development in data surveillance by the controllers for instance; they are competent of monitoring of the personal data tracks left by persons in various transactions. The controllers do this by accessing the private and public-sector databases of all entities. The controllers accomplish this task by employing the use of modern technological procedures. For instance, in numerous countries, fingerprints are utilized for one to be able to access facilities like the libraries and school canteens (Bayuk, 2005). In addition, the EU Member States are trying to come up with ever extra potent fundamental databases which will belong to them. They are doing this by utilizing the idea of biometrics such as the computer comprehensible facial snaps, the idea of the fingerprints use, and moreover the DNA analysis. For instance, in the EU and the US they use a central database that is capable of holding social security of the population, also the pension and the benefit details of the individuals. It further holds the medical records on huge segment of the inhabitants. Furthermore, data on those using the airline is compulsorily obtained by the controllers. This information is utilized to analyze and also for the effective detection of the antiterrorist attacks (Farrell, 2002). Methods by which U.S. Investigators would need to communicate and Coordinate all required Case Forensics Discovery The methods in which the US investigators use to communicate and coordinate with the EU on the forensics discovery must be genuine. The EU must first ensure that the third party country is capable of giving an effective and adequate means of protection to the personal data before they decide to exchange the forensic details. Therefore, the controller must guarantee that the recipient third party country is willing and ready to comply with the data protection rules set by the EU. Subsequently, the controller must be ready to advice the third country for instance the US about the level of protection that is required by the EU. Therefore, the US must be willing to listen and ready to oblige to the rules set by the EU controller. Moreover, the controller has the task of successfully negotiating with the US representatives over the protection of the personal data of both countries. Though the law set for personal data protection is in use, the US has a very low level of data protection especially, since it only favors the US citizens and not the foreign countries. The US utilizes a different scheme for the personal data protection as compared to that of the EU. The US employs what is called the ‘sectoral’ approach while the EU employs the governmental regulation rules. Therefore, it is known that the US and the EU data protection policy have never been similar. The sectoral approach involves the employment of the combination of the legislation and also the regulation and further employment of the self regulation policy. For the US, the sector must start to implement the self governing regulations to issues caused by the internet technology (Bennet & Raab, 2007). Conclusion In conclusion, all the participating member states must take effective measures required to comply with the commission’s decision and also the decision of the data protection body. Based on the information above, the EU member states, the controllers stipulates that personal data of the EU member states can only be transferred to the third countries that is competent of offering adequate protection of their rights to their personal information. Therefore, the EU has set a law for the protection of personal data from other countries called the de facto standards. Therefore, combining of these databases leads to creation of a formerly unbelievably detailed image of our daily lives and also our interests. Similarly, it will also contribute to our cultural, the religious as well as political associations, the financial and lastly the medical phases. Lastly, focusing on the coming years ahead, extra concentration will further be required for the description of new systems on privacy protection either online or offline. This will be especially be emphasized on the behavioral advertising, or the admission to internet, in addition to the radio frequency, the identification tags termed as smart chips, the search engines and moreover the social networks. References Bennet C., & Raab, C. (2007). The adequacy of privacy: The European Union data protection directive and the North American response. New York, NY: Information Society Press. Farrell, H. (2002). Negotiating privacy across arena: The EU-US safe harbor discussions. Common goods reinventing European and international governance. Lanham, MD: Rowan and Littlefield Publications. Bayuk, J. (2005). Cyber forensics: Understanding information security investigations. Malden, MA: Wiley- Blackwell. Staples, W. (2001). Encyclopedia of privacy. New York, NY: Springer Publishers. Read More