Приложение към Препоръка No. R (99) 5
Приложение към Препоръка No. R (99) 5
Guidelines for the protection of individuals with regard to the collection and processing of personal data on information highways which may be incorporated in or annexed to codes of conduct
These guidelines set out principles of fair privacy practice for users and Internet service providers (ISP). These principles may be taken up in codes of conduct.
Users should be aware of the responsibilities of ISPs and vice versa. Therefore it is advisable that users and ISPs read the whole text, although for ease of use it is divided into several parts. You may be concerned by one or more parts of the guidelines.
Use of the Internet places responsibilities on each of your actions and poses risks to privacy. It is important to behave in a way that provides protection to yourself and promotes good relations with others. These guidelines suggest some practical ways to safeguard privacy, but you should also know your legal rights and obligations.
Remember that respect for privacy is a fundamental right of each individual which may also be protected by data protection legislation. So it may be well worth checking your legal position.
II. For Users
1. Remember that the Internet is not secure. However, different means exist and are being developed enabling you to improve the protection of your data. Therefore, use all available means to protect your data and communications, such as legally available encryption for confidential e-mail, as well as access codes to your own personal computer.
3. Anonymous access to and use of services, and anonymous means of making payments, are the best protection of privacy. Find out about technical means to achieve anonymity, where appropriate.
4. Complete anonymity may not be appropriate because of legal constraints. In those cases, if it is permitted by law, you may use a pseudonym so that your personal identity is known only to your ISP.
5. Only give your ISP, or any other person, such data as are necessary in order to fulfil a specific purpose you have been informed about. Be especially careful with credit card and account numbers, which can be used and abused very easily in the context of the Internet.
6. Remember that your e-mail address is personal data, and that others may wish to use it for different purposes, such as inclusion in directories or user lists. Do not hesitate to ask about the purpose of the directory or other use. You can request to be omitted if you do not want to be listed.
7. Be wary of sites which request more data than are necessary for accessing the site or for making a transaction, or which do not tell you why they want all these data from you.
8. Remember that you are legally responsible for the processing of data, for example, if you illicitly upload or download, and that everything may be traced back to you even if you use a pseudonym.
9. Do not send malicious mail. It can bounce back with legal consequences.
10. Your ISP is responsible for proper use of data. Ask your ISP what data he/she collects, processes and stores, in what way and for what purpose. Repeat this request from time to time. Insist that your ISP change them if they are wrong or delete them if they are excessive, out of date or no longer required. Ask the ISP to notify this modification to other parties to whom he or she has communicated your data.
11. If you are not satisfied with the way your current ISP collects, uses, stores or communicates data, and he or she refuses to change his or her ways, then consider moving to another ISP. If you believe that your ISP does not comply with data protection rules, you can inform the competent authorities or take legal action.
12. Keep yourself informed of the privacy and security risks on the Internet as well as the methods available to reduce such risks.
13. If you intend to send data to another country, you should be aware that data may be less well protected there. If data about you are involved, you are free, of course, to communicate these data nevertheless. However, before you send data about others to another country, you should seek advice, for example from the authority of your country, on whether the transfer is permissible. You might have to ask the recipient to provide safeguards necessary to ensure protection of the data.
III. For Internet service providers
1. Use appropriate procedures and available technologies, preferably those which have been certified, to protect the privacy of the people concerned (even if they are not users of the Internet), especially by ensuring data integrity and confidentiality as well as physical and logical security of the network and of the services provided over the network.
2. Inform users of privacy risks presented by use of the Internet before they subscribe or start using services. Such risks may concern data integrity, confidentiality, the security of the network or other risks to privacy such as the hidden collection or recording of data.
3. Inform users about technical means which they may lawfully use to reduce security risks to data and communications, such as legally available encryption and digital signatures. Offer such technical means at a cost-oriented price, not a deterrent price.
4. Before accepting subscriptions and connecting users to the Internet, inform them about the possibilities of accessing the Internet anonymously, and using its services and paying for them in an anonymous way (for example, pre-paid access cards). Complete anonymity may not be appropriate because of legal constraints. In those cases, if it is permitted by law, offer the possibility of using pseudonyms. Inform users of programmes allowing them to search and browse anonymously on the Internet. Design your system in a way that avoids or minimises the use of personal data.
5. Do not read, modify or delete messages sent to others.
6. Do not allow any interference with the contents of communications, unless this interference is provided for by law and is carried out by a public authority.
7. Collect, process and store data about users only when necessary for explicit, specified and legitimate purposes.
8. Do not communicate data unless the communication is provided for by law.
9. Do not store data for longer than is necessary to achieve the purpose of processing.
10. Do not use data for your own promotional or marketing purposes unless the person concerned, after having been informed, has not objected or, in the case of processing of traffic data or sensitive data, he or she has given his or her explicit consent.
12. Information provided to the user must be accurate and kept up to date.
13. Think twice about publishing data on your site! Such publication may infringe other people's privacy and may also be prohibited by law.
14. Before you send data to another country seek advice, for example from the competent authorities in your country, on whether the transfer is permissible. You may have to ask the recipient to provide safeguards necessary to ensure protection of the data.
IV. Clarification and remedies
1. Where in this text the term ISP is used, the same applies, where appropriate, to other actors on the Internet, such as access providers, content providers, network providers, navigation software designers, bulletin board operators, and so on.
2. It is important to ensure that your rights are respected. Feedback mechanisms offered by Internet user groups, Internet service provider associations, data protection authorities or other bodies are important ways of ensuring that these guidelines are respected. Contact them if you need clarification or remedies.
3. These guidelines apply to all types of information highways.