Needed: 'robust' EU Data Protection Supervisor

12.00.00am BST (GMT +0100) Tue 29th Apr 2003

As members of the European Parliament's Justice and Home Affairs Committee interview candidates for the post of European Data Protection Supervisor, Liberal group spokeswoman Baroness Sarah Ludford MEP is urging that a key test of fitness is scepticism about soothing government promises that privacy is safe in their hands.

She said: "As well as expertise in data protection, we need someone who has the strength of character to withstand state pressure that cooperation against crime and terrorism require the cutting of corners on EU citizens' right to privacy."

British candidate Mr Francis Aldhouse (current UK Deputy Information Commissioner and British member of the Europol supervisory authority) will come under particularly close scrutiny from Baroness Ludford. His evidence to the House of Lords European Union Committee last November over the Europol agreement to supply data to the US caused sharp criticism from the committee.

Added Sarah:

"I shall be asking Mr Aldhouse to demonstrate that he would have a vigorous approach as defender of our right to protection from a 'Big Brother' society. There is no room for a clubby assumption that we can just trust the authorities."

"The recent example of the European Commission agreeing for airlines to provide the US with key information on airline passengers - including obviously Islamic names and ethnic meal requirements, information never intended for immigration or security purposes - shows that such sentiment leads only to our data protection laws being rendered toothless".

Note to editors:

The new post of European Data Protection Supervisor has been established to ensure that EU institutions have to observe the same data protection rules as those applying in Member States since 1995. He/she is to be appointed for a five year term by the European Parliament and the Council from a list drawn up by the Commission.

The Lords committee (Europol's role in fighting crime, 28/1/03) urged a robust approach to Europol-third country agreements involving the transmission of personal data. It 'was disappointed that the JSB does not appear to have taken a sufficiently independent approach.....Our concern was not allayed when we took evidence from [Mr Aldhouse] We were left with the impression that on some issues it had let its acknowledgement of the political imperative to secure an agreement override its responsibility for ensuring essential data protection safeguards'.

This comment was prompted by Mr Aldhouse's evidence that the (thin) US data protection legislation gave 'potential for abuse' but that 'we ought to take the view, particularly as between western European countries and the United States, that here is a set of countries which take pride in abiding by the rule of law and will honour their agreements'.