30 September 1992

Doc. 6683

MOTION FOR A RECOMMENDATION

on the protection of personal data

in the use of telemarketing, telemetry, interactive media

and social progress

presented by Mr NUĐEZ and others


1.       The Assembly is aware of the innovations that are continually taking place in the field of new information technologies, and their importance for scientific, economic and social progress.

2.       In this context, freedom of information must be reconciled with the necessary protection of personal privacy, as stated in Assembly Recommendation 1037 (1986) on data protection and freedom of information and in the 1981 Council of Europe Convention for the protection of individuals with regard to automatic processing of personal data.

3.       Since the approval of the convention, partial approaches to the problems of data protection in a number of sectors have been made through various recommendations relating, inter alia, to scientific research and statistics (R(83)10), personal data held by public bodies (R(91)10) and direct marketing (R(85)20). For its part the Assembly adopted Recommendation 1181 (1992) on police co-operation and protection of personal data in the police sector.

4.       The connections between data processing and telecommunications have opened up, through telematics, vast new possibilities of information and communication, the consequences of which must be evaluated in order to ensure the necessary protection of the private life of individual persons.

5.       The Assembly is also aware of the draft recommendation on the protection of personal data in the area of telecommunications services currently under examination by the Committee of Ministers. However, with a view to specific problems connected with the collection, recording and publicity of personal data through telemarketing, telemetry, interactive media and electronic mail systems, the Assembly is of the opinion that more work should be carried out in this sector.

6.       The Assembly therefore recommends to the Committee of Ministers

i.       that the project group on data protection, eventually in co-operation with the consultative committee of the Convention on the protection of data be entrusted with the task of further defining principles and criteria that will ensure the adequate protection of personal data in the use of telemarketing, telemetry, interactive media and electronic mail systems;

ii.       that, if appropriate, legal instruments be drafted setting out those criteria and principles, to serve as a guide for the application thereof in the member states of the Council of Europe, and that in particular Recommendation R(85)20 on the protection of personal data used for the purposes of direct marketing be revised to include the specific cases of telemarketing practices;

iii.       that the governments of member states that have not yet done so be urged to ratify the Convention for the protection of individuals with regard to automatic processing of personal data.

Signed:       NUNEZ, ROKOFYLLOS, AMARAL, EISMA, GUSENBAUER, STOFFELEN, MIMAROGLU, HUNT, LAGORCE, COLUMBERG, RATHBONE, FRANCK, HADJIDEMETRIOU, HALLER, G▄NER, LOUTFI, GUENOV, OEHRY, AKARCALI.