Information Policy

Future Law on Data Protection in Costa Rica

The Bill has just been voted in favour by the Legal Matters Committee of the Legislative Assembly.

Costa Rica will have its own Law on Data Protection, which will be known as the Law on Individual''s Protection against Personal Data Treatment. The future Law will ensure the respect of every physical or legal person''s fundamental rights, specifically their right to self determination of disclosure on personal or business life and other personal rights, regardless of their nationality or residence. The Law will also ensure the protection of their freedom and equality regarding automatic or manual treatment of data belonging to their person or possessions.

The Bill also contains definitions of terms such as personal data, legal entity data, sensitive data, archive, record, file or database, automatic treatment, authority in charge of the file, concerned party and data dissociation, while also establishing basic principles to serve as the backbone to Data Protection in the country, to count: a right to information on data gathering, the concerned party''s consent, data quality, data safety, and a duty to confidentiality.

On the other hand, a new body of highest decentralization from the government, affiliated to the Public Defence.

By Data Protection Review.eu

http://www.ibls.com/internet_law_news_portal_view.aspx?s=sa&id=1697

Kazakhstan to tighten internet law

Kazakhstan's parliament has approved a law tightening state control of the internet, which, media rights activists say, will limit freedom of speech in the former Soviet state.

The bill would subject blogs, chat rooms and social networking sites to possible criminal prosecution, enabling the courts to block all websites considered in breach of Kazakh law.

Media rights activists say the law is designed to allow arbitary crackdowns on anyone opposing Nursultan Nazarbayev, Kazakhstan's president.

But authorities say the legislation aims to curb the distribution of child pornography, extremist literature and other unsuitable material.

"This law is not a regulation of the internet. The amendments introduced to the law are aimed at stopping the dissemination of illegal information on the internet," the government's state information agency said.

http://english.aljazeera.net//news/europe/2009/06/2009625115714327645.html

OSCE media freedom representative urges Kazakh President to veto new Internet law

VIENNA, 25 June 2009 - The OSCE Representative on Freedom of the Media, Miklos Haraszti, criticised as restrictive today amendments to the country's communication law, adopted on 24 June by the Kazakh Parliament, and called on President Nursultan Nazarbayev not to promulgate them.

"Despite some minor changes introduced by the Senate, this law limits freedom of the Internet and media freedom in general. Its adoption would be a step backwards in the democratisation of Kazakhstan's media governance," Haraszti wrote in a letter to President Nazarbayev.

Haraszti noted that his Office had provided assistance to the authorities, for example by conducting a legal review on how the draft law could be adapted to comply with media freedom requirements. The legal review's recommendations were submitted to the authorities in February and presented in Astana in April. The Office continues to support the country's media legislation reform, Haraszti added.

Haraszti brought to the attention of the President that the law contravenes OSCE commitments and international standards by:

- allowing for unjustified limitations of freedom of the Internet by equating forums, blogs, chats and other Internet resources with traditional media outlets

- expanding the list of justifications for suspending the production or the distribution of any media outlet

- limiting free access of Kazakhstan's citizens to foreign media outlets and foreign Internet resources.

"Refusing to enact this law will send a strong signal that the forthcoming OSCE Chairmanship of Kazakhstan in 2010 intends to fully honour the country's OSCE media freedom commitments," Haraszti said in his letter to the President.

http://www.osce.org/item/38392.html

12 States Sign World’s First Treaty on Access to Information - What About the Other 35 Council of Europe Member States?

12 European countries - Belgium, Estonia, Finland, Georgia, Hungary, Lithuania, Macedonia, Montenegro, Norway, Serbia, Slovenia, and Sweden - today became the first states to sign the world’s first treaty on access to information - the Council of Europe Convention on Access to Official Documents – at a meeting of Ministers of Justice held in Tromso, Norway.

Access Info Europe and ARTICLE 19 today welcomed the leadership shown by these 12 countries, and called the Council of Europe’s other 35 Member States to demonstrate their commitment to government transparency by signing and ratifying the Convention.

“Countries like the UK, France, Germany, Denmark, and the Netherlands were all present during the negotiation of the treaty. Responding to civil society concerns about the treaty, they argued that a minimum-standard Convention would attract more signatures. Why then have they not signed? Where is their commitment to the public’s right to know?” said Helen Darbishire, Executive Director of Access Info.

A map of those who signed can be found at http://www.access-info.org/ www.access-info.org

EU: The telecoms ministers rejected the telecom package as adopted by the EP

The European Commission continues to pressure the Council and the new European Parliament to rapidly adopt the telecoms package without a proper scrutiny of the law or any consideration of the implications of Amendment 138.

At the Luxembourg meeting on 11 June 2009, the telecoms ministers decided to reject the telecom package in the form adopted by the European Parliament in the second reading on 6 May 2009, thus proposing a new round of negotiations.

The ministers consider the Parliament has breached the earlier compromise reached with the Council on the telecoms package as a whole, obviously the main issue under question being the controversial issue of copyright protection and users' rights. And with the new decision of the French Constitutional Council against the French three strikes law, the European Parliament will probably insist in its position.

On a press conference on 11 June, the position of the European Commission was expressed by Viviane Reding's spokesman Martin Selmayr who stated that the issue of Amendment 138 had been dealt with at the national level (thus referring to the French Constitutional Council decision) and therefore should no longer be a European matter. Which, obviously, means that the Commission wants the amendment dropped from the telecom package.

Reding, which has lately been supporting France's position for the graduate response, made an appeal to EU lawmakers urging them to finalise the discussions on the package. "I call on all political players to do their best in the next days and weeks to settle the last pending issue. Critics often lament about Europe's lack of competitiveness, because of the alleged length of the EU's decision-making processes. In the next days and weeks, Council and Parliament have the unique opportunity to prove these critics wrong."

The deadline for the European Parliament to send its position to the Council on the telecoms package is 19 June. After this, there are several options for the telecoms ministers. One is to adopt the text as voted by the Parliament but this is unlikely having in view their position on Amendment 138, especially the position of France in the matter.

Another option is to adopt a counter-proposal restating the Council's initial line which will formally start the negotiation procedure to take place under the new Swedish presidency. In this case, the Parliament will have to create a conciliation committee including 27 newly elected members representing all the EU countries. A formal agreement could be reached by the end of the year.

EU Council could also reopen the entire case asking for negotiations on the core of the text which could lead to other debates with unpredictable duration and results.

A technical possibility could be to split the package but this is unlikely as the ministers have already stated they did not want to take that road. As the text is interlinked, splitting it would mean bringing modifications to a large part of the text.

The European Parliament's schedule is to have a trialogue on 29 September with a final vote on 15 December which would give time for discussion of the issues raised by Amendment 138 and for the new MEPs to get familiarised with these issues.

http://www.edri.org/edri-gram/number7.12/telecom-ministers-reject-package

Malta's Electronic Commerce Act

Martha L. Arias, IBLS Director

Malta, a European financial center located in the Southern areas of the Mediterranean Sea, has developed comprehensive e-commerce legislation and is an active e-commerce player. In 2001, Malta's government enacted the Electronic Commerce Act III, which has been amended five times (2002, 2004, 2005 and twice in 2007). This act establishes rules regarding electronic signatures, certification authorities, electronic contracts, consumer protection, and electronic data. This article provides a synopsis of Malta's rules on electronic contracts, electronic signatures and certification services, and computer crimes involving electronic data.

Electronic Contracts

Malta's Electronic Commerce Act III of 2001 (the E-Commerce Act) addresses electronic contracts in Part III, articles 9 through 11. Electronic contracts are valid and will not be denied legal effect, validity or enforceability just because they are celebrated or entered into by electronic means. The offer, acceptance of the offer, subsequent amendments, and cancellation or revocation of the offer may be communicated by electronic means. A contract is concluded when after placing his order the recipient of the service receives from the service provider an acknowledgement of receipt of the order made by the recipient; provided that (1) the service provider's acknowledgement is given without undue delay and by electronic means; and (2) the recipient's order and the acknowledgement of the receipt are deemed to have been received when the parties to whom they are addressed are able to access them. The E-Commerce Act requires originators to provide addressees with effective and accessible means to identify and correct errors and accidental transactions prior to conclusion of electronic contracts. Part IV of the E-Commerce Act, called Transmission of Electronic Communications, is relevant to the conclusion of electronic contracts. It describes the time of dispatch of an electronic communication, the time of receipt, the place of dispatch and receipt, and the attribution of electronic communications.

According to the First Schedule of Article 11, the following are the information requirements that electronic contracts must meet,

(1) "The name and address where the service provider is established;

(2) The electronic-mail address where the service provider can be contracted in a direct manner;

(3) The registration number of the service provider in any trade register or of any professional body if applicable;

(4) Where the activity of the service provider is subject to an authorization, the activities covered by the authorization granted to the service provider and the particulars of the authority providing such authorization;

(5) The Value Added Tax (VAT) registration number of the service provider where the service provider undertakes an activity that is subject to VAT;

(6) The different steps to follow to conclude the contract;

(7) The technical means for identifying and correcting input errors prior to the placing of the order;

(8) The language or languages in which the contract may be concluded;

(9) A statement of whether the concluded contract will be filed by the service provider and whether it will be accessible."

Electronic Signatures and Certification Services

Malta's law recognizes electronic signatures. Part V of the E-Commerce Act addresses signature certification services. The general rule is the provision of signature certification services or services related to electronic signatures do not require prior authorization. However, Minister's regulations may establish and maintain an accreditation scheme that enhances the levels of signature certification services, and designate accreditation authorities.

The Minister may supervise signature certification services that provide qualified certificates. Also, the E-Commerce Act states that those who provide qualified certificates are liable for damages caused to any person who reasonably relies on such certificates. Providers of qualified certificates may limit the use of such certificates provided that those limitations are clear and readily identified as limitations. In this case, the provider shall not be liable for damages caused for uses that did not acknowledge the limitations.

Computer Crimes Involving Electronic Data

The E-Commerce Act also typifies as criminal some acts that violate data security or computer misuse. For instance, those who without authorization use a computer or any other device to access data, software, or documentation held in a computer or in any other computer; or uses, copies, or modifies such data, software, or documents is guilty of an offense. Additionally, any person who outputs or copies any data, software, or supporting documentation from a computer in which it is held or stored, is guilty of a computer crime. Impair the operation of a system or software also constitutes a computer crime under Malta's law. Moreover, altering, taking, installing, moving, erasing, destroying, or adding to any data, software, or supporting document, without authorization, constitutes a computer crime. Disclosing or using another person's password or discovering a code or other access information without authorization constitutes computer misuse crime.

The following are computer crimes when committed without proper authorization (1) modifying computer equipment or supplies used or intended to be used in computer, computer system, or computer network; (2) taking possession of, damaging or destroying computer, computer system, computer network, or computer supplies used or intended to be used in computer, computer systems, or computer networks.

Any of these crimes are sanctioned under Malta law even if committed outside Malta, when they affect computers, computer software, data, or supporting documentation located in Malta or connected to a computer located in Malta

Therefore, it is clear that Malta e-commerce law is in accord with European and international principles regarding electronic contracts, electronic signatures, and data and computer crimes.

http://www.ibls.com/internet_law_news_portal_view.aspx?s=latestnews&id=2233

Top French legal body blocks Internet piracy law

France's top legal authority Wednesday struck down a key provision of an Internet piracy law that would cut off offenders from the web, in an embarrassing blow for President Nicolas Sarkozy. France's opposition Socialist Party had asked the Constitutional Council to rule on the legality of the contested law, which won final approval on May 13 after a stormy battle in parliament. The law set up a new state agency, known by the acronym Hadopi, with the power to shut down Internet access for up to a year for those who download music and film illegally. But the Constitutional Council ruled that only a judge should have the power to strike an individual from the Internet, arguing that 'free access to public communication services on line' was a human right. Culture Minister Christine Albanel said the law would be 'rapidly completed' to transfer the power to cut off Internet access to a judge, rather than a state agency. Council members, who include former French presidents, based their ruling on the preamble to the French constitution, which lists freedom of communication and expression as a basic right. One of the toughest ever drafted in the global fight against Internet piracy, the bill enjoyed broad support from the music and film industry in France and abroad, but was opposed by consumer groups, the Internet industry and the left-wing opposition.

http://www.ejc.net/media_news/top_french_legal_body_blocks_internet_piracy_law/

Communications Bill Presented to Namibian Parliament

The ICT Communication Bill was presented to parliament last week by Minister of Information and Communication Technology (ICT) Joel Kaapanda, according to The Namibian newspaper. Once it is passed into law, the legislation will establish the Communications Regulatory Authority of Namibia (CRAN) as the country’s regulator, replacing the Namibian Communications Commission (NCC), which was established under the NCC Act of 1992. The Bill, which is available from the NCC, also sets out the licensing framework for both telecommunications and broadcasting, including class and individual licences for telecommunications services, and contains provisions designed to cover interconnection, tariffs, the allocation of frequencies, the promotion of competition and the establishment of a universal service agency.

The new legislation will repeal parts of the Post and Telecommunications Act (1992), Namibian Broadcasting Act (1991), Namibian Communications Commission Act (1995) and several others in whole or part, thus providing an updated policy and regulatory framework to cope with new technological developments and the establishment of a competitive market. The Communications Bill has been a number of years in the making; in July 2007 the draft bill was opened up for consultation with stakeholders.

https://communicationsdirectnews.com/do.php/130/35818?7649

Electronic Signature Law In Romania

The European Union Directive 1999/93/EC sought to strengthen the requirements for electronic signatures and promote e-commerce in Europe. Its provisions are incorporated in Romanian through Electronic Signature Law 2001 (“ESL”) that provides for the regulation of electronic signatures by the Romanian Ministry of Communication and Information Technology (“MICT”). The primary role of the MICT is to monitor certification service providers who provide electronic signatures and secure extended electronic signatures, which require a qualified certificate and potentially carry higher level of liability. MICT may impose sanctions, deregister service providers, and issue regulations relating to electronic signatures.

In 2001, Romanian ESL incorporated European Union Directive 1999/93/EC, which set forth a European Union framework for electronic signatures with the overarching goal of promoting e-commerce by instilling greater confidence and security in electronic commerce and by facilitating electronic transactions. ESL defines an electronic signature as “data in electronic form, which is included in, attached to or logically associated with a document in electronic form and serve as a method of identification.” MICT establishes the requirements and regulates the administration of electronic signatures in Romania. Experts who verify disputed signatures may request certificates or other supporting documentation to determine the validity of an electronic signature. ESL further requires that “Romanian or foreign persons that issue certificates or provide electronic signature-related services” register with MICT as certification service providers (“CSP”).

In addition to registration with MICT, CSPs may also apply for MICT accreditation. Qualified CSPs provide a more secure and more easily verified extended electronic signature, known as an extended electronic signature that is supported by a qualified certificate, which in turn creates a qualified signature. MICT has issued detailed procedures and requirements for extended electronic signature and established procedures for the suspension and withdrawal of certification service accreditation decisions, some of which have crystallized in law.

http://www.ibls.com/internet_law_news_portal_view.aspx?s=articles&id=1A04EE32-2556-4D4E-A941-16ED526E93A4

Freedom of information: a comparative legal survey

The importance of the right to information or the right to know is an increasingly constant refrain in the mouths of development practitioners, civil society, academics, the media and governments.

What is this right, is it really a right and how have governments sought to give effect to it? These are some of the questions this book seeks to address, providing an accessible account of the law and practice regarding freedom of information, and an analysis of what is working and why.

http://portal.unesco.org/ci/en/files/26159/12054862803freedom_information_en.pdf/freedom_information_en.pdf