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Doc. 8291
23 December 1998
Scientific and technical aspects of the new information and communications technologies
Recommendation 1332 (1997)
Reply from the Committee of Ministers
adopted at the 653rd meeting of the Ministers’ Deputies (16-17 December 1998)
The Committee of Ministers has noted with great interest Recommendation 1332 on the scientific and technical aspects of the new information and communications technologies, adopted by the Parliamentary Assembly on 23 June 1997. As early as its 598th meeting (1-3 July 1997), it decided to bring the Recommendation to the attention of member States, to forward it to the Committee on the Rehabilitation and Integration of People with Disabilities (CD-P-RR) for consideration in its work programme, and also to the Council for Cultural Co-operation (CDCC) and the Steering Committee on the Mass Media (CDMM) for their opinions.
In the field of education and culture, the CDCC is coordinating, in the framework of the post Second Summit Follow-Up Action Plan, the different activities carried out by its specialised committees. The Culture Committee (CC-CULT) is responsible, in particular, for the project “New information technologies” whose aim is to analyse the challenges set by these new technologies from different perspectives: cultural diversity and sustainable development; public access and freedom of expression; creation and creativity; training and professional profiles; media literacy and young people. The Education Committee (CC-ED) and the Higher Education and Research Committee (CC-HER) are contributing to this reflection respectively through actions centred on the structural effects of new technologies in schools and through the project “Lifelong learning for equity and social cohesion”. The full text of the CDCC’s opinion on Recommendation 1332 is transmitted to the Assembly under Appendix I.
In the field of human rights and the mass media, the 5th European Ministerial Conference on Mass Media Policy, held in Thessaloniki (Greece) in December 1997 at the CDMM's instigation, adopted policy resolutions laying down a number of basic principles to guide member states in development of the information society. Several of these principles provide guidelines which in themselves meet some of the concerns voiced by the Assembly in Recommendation 1332. Since the Thessaloniki conference, the CDMM and its subordinate bodies have been working on a number of initiatives, in particular draft legal instruments, aimed at implementation of the principles by member states in areas such as public access to new information services, self-regulation by operators of services giving access to harmful material, and adapting the media-regulation framework to the phenomenon of technological convergence. The full text of the CDMM opinion on Recommendation 1332 is transmitted to the Assembly under Appendix II.
In the legal field, important current and/or future developments are also taking place, particularly within the CDJC and the CDPC.
The Consultative Committee of the Convention for Data Protection and the Project Group on Data Protection (CJ-PD), a subordinate group of the CDCJ, are examining the impact of the new technologies on data protection, while seeking an appropriate balance between the right to information and the protection of privacy. Thus, on 12 May 1998, the Minister’s Deputies declassified draft Guidelines for protection of privacy on the Internet, prepared by the CJ-PD. Work is also being carried out on convergence, electronic surveillance and the use of smart cards. Since Parliamentary Assembly Recommendation 1332 refers to telemedicine, it is appropriate to mention the Committee of Ministers’ Recommendation R (97)5 on the protection of medical data.
As part of the CDPC’s work, the Committee of Experts on Crime in Cyberspace (PC-CY) was set up in 1997 with the aim of preparing an international convention that would penalise serious infringements of the confidentiality, integrity and availability of computerised networks or data stored on these networks, as well as offences committed with the help of such networks. This Convention should also set out the criminal procedure to be followed. In this context, it is appropriate to mention Recommendation (95)13 of the Committee of Ministers on the problems of criminal law procedure connected with information technology. The work on the draft Convention should be completed in the course of 1999.
The Committee of Experts on Legal Data Processing (CJ-IJ) endeavours to encourage and harmonise the use of information technologies in the legal field. On the one hand, its work covers legal data banks (legislation, case law, legal opinion), facilitating access by legal experts and the general public to this information. On the other hand, it works towards speeding up and improving the processes involved in the administration of justice (courts, the prosecution service, etc).
The Committee of Ministers also draws the attention of the Assembly to the activities carried out by the Youth Directorate in relation to the challenges for education and citizenship in the Information Society. The works and expertise of the Council of Europe in the areas of electronic literacy and civic participation and in the fields of non-formal education and youth policy will be taken into account in the process of development of the Organisation's policy on the new information and communication technologies.
Finally, the Committee of Ministers reminds the Assembly that the Second Summit directed the Council of Europe to “develop a European policy for the application of the new information technologies”. Follow-up and co-ordination of the various activities on this matter is ensured by the Follow-up Committee on the Second Summit (GT-SUIVI). In consultation with all the steering committees and/or committees of experts concerned, the GT-SUIVI aims to prepare a Declaration for a European policy on the new information technologies, with a view to its adoption by the 104th session of the Committee of Ministers (Budapest, May 1999), in the context of the Council of Europe’s 50th Anniversary celebrations.
APPENDIX I
OPINION BY THE CDCC ON PARLIAMENTARY ASSEMBLY
RECOMMENDATION 1332 (1997) ON THE SCIENTIFIC AND TECHNICAL
ASPECTS OF THE NEW INFORMATION AND
COMMUNICATION TECHNOLOGIES
1. The Council for Cultural Co-operation (CDCC) welcomes Parliamentary Assembly Recommendation 1332 (1997) on the scientific and technical aspects of the new information and communication technologies and shares the view that education is one of the fields in which the possibilities presented by the very rapid development of new information and communication technologies are of particular importance. The CDCC finds that the Recommendation deals satisfactorily with the educational aspects of these challenges, while it would have wished that more attention had been given to their cultural aspects.
2. Given the consequences of the rapid dissemination of the new information and communication technologies, training in their use in a mature and conscious way is an essential factor in democratic citizenship. In this connection, the CDCC draws attention to the statement by the European Ministers of Education at their 19th session in Kristiansand (22-24 June 1997). In their Resolution on “Fundamental values, aims and future role of educational co-operation in the Council of Europe”, the Ministers stressed that one of the main challenges facing education was the acceleration and unpredictability of economic and technological changes which lead inter alia to a profound cultural transformation brought about by the development of the new information technologies. The 5th European Ministerial Conference on Mass Media Policy (Thessaloniki, 11 and 12 December 1997) also made interesting proposals which could lead to the adoption of measures which will complement those already taken at a legal level.
3. The CDCC will give particular attention to the educational and cultural aspects of the new information and communication technologies through the follow-up action to the Second Summit. Particular responsibility for the follow-up action on “New Information Technologies: Cultural Co-operation and Communication” has been given to the Culture Committee. The CDCC will retain overall responsibility for all follow-up actions in the field of culture and education, whereas all specialised committees will be invited to contribute to the actions. For example, the Education Committee will contribute through a seminar and a symposium, which will address the structural effects on schools and on society as a whole of the development of new information and communication technologies. While this analysis will highlight the positive aspects of these technologies, it will also examine potential problems, particularly with regard to equality of access, especially in terms of gender equality. The Higher Education and Research Committee will contribute to this action through its new project on “Lifelong Learning for Equity and Social Cohesion”.
4. With regard to the use of the new information and communication technologies in education itself, the CDCC shares the view expressed by the Standing Conference of the European Ministers of Education, which recommended that the member States promote the installation of Internet facilities in all secondary schools. Furthermore, in implementing the
different projects on the teaching of modern languages, history and education for citizenship, special attention is always paid to the use of new technologies in teaching and methodology.
5. The CDCC agrees with the suggestion expressed in paragraph 3, with reference to Parliamentary Assembly Recommendation 1324 (1997), that the Council of Europe review the European legal framework applicable to the development of new information technologies.1 Care should, however, be taken to distinguish clearly between the issues which can usefully be dealt with through legislation and those which depend on the development of good practice. Also in the latter case, the Council of Europe should play an active role in meeting the new challenges, in close co-operation with practitioners in the field and their organisations, as well as with other international organisations.
6. The CDCC welcomes paragraph 5.iii.f, which points out the need to facilitate the installation of the hardware necessary to use the new information and communication technologies in all education and training institutions. It would seem to the CDCC that enabling institutions of education and culture to use computer networks will be of particular importance.
7. With reference to paragraph 5.iii.h, the CDCC wishes to point out that diversity and pluralism are essential components of a European cultural identity and have always been important objectives of European cultural co-operation. The CDCC agrees that it is important that there be access to “all services created by the new information and communication technologies… encouraging in particular the development of interactive multimedia services”. This is of particular relevance to education at all levels, including lifelong learning, as well as for cultural activities. It should, however, be pointed out that the rapid development of interactive multimedia services is likely to make the challenge for educators, students and cultural actors one of making the right choices from a wealth of offers of various qualities more than one of working to increase the total offer. In particular, measures must be taken to avoid new divisions in society based on access to technologies or on technology literacy.
8. Paragraph 5.iii.l recommends that the development of specific privacy technology be encouraged. The CDCC supports this suggestion, but would also like to suggest that a European code of good practice on ethics and the protection of privacy in cyberspace should be one of the measures to be developed in accordance with paragraph 3 of Parliamentary Assembly Recommendation 1332 (1997).1
9. The CDCC supports the Parliamentary Assembly’s assertion of the need for publicly funded research on new information technologies in universities and research centres (paragraphs 5.iii.p and q). Such research is of vital importance to protect and promote the public interest in an area of particular concern to special interests, including those of business. While electronic networks can ensure the efficient use of research facilities, the CDCC would like to underline that networking can in no way replace research centres. “Virtual” cannot in all contexts replace “real”.
10. The CDCC strongly supports the concerns expressed in paragraph 5.iii.r (monitoring of the implementation of scientific and technological policies so that these policies consolidate the development of democratic values in Europe rather than harm them). More than any specific science policy decision, however, the responsible use of new information technologies depends critically on the development of a democratic culture sensitive to ethic and social issues. Education for Democratic Citizenship should therefore be seen as a vital part of education and research in new information technologies. Scientists should be encouraged to take into consideration the social and ethical aspects of the use of the technologies which they develop. The pioneering role of universities and public research centres such as CERN in developing not only the technical standards but also the social norms of the Internet is an important example of good practice in this respect. The CDCC considers it important that this liberal, democratic ethos be maintained as the Internet develops commercial functions. This will require that universities and public research centres maintain - and be given the funding and opportunities to maintain - their presence in the leading edge of the technology.
PPENDIX II
Opinion of the Steering Committee on the Mass Media (CDMM) on
Parliamentary Assembly Recommendation 1332 (1997)
General remarks
1. The Steering Committee on the Mass Media (CDMM) welcomes Recommendation 1332 (1997) of the Parliamentary Assembly and considers it timely and appropriate to underline and analyse the various aspects of the new information and communications technologies. The rapid move towards an "Information Society" and the introduction of new media or means of communicating will pose new challenges to all member States and Europe as a whole.
2. This is why the CDMM had decided to make the "Information Society" the theme of the 5th European Ministerial Conference on Mass Media Policy, which was hosted by the Government of Greece in Thessaloniki on 11 and 12 December 1997.
3. The CDMM believes that the development of new information and communications technologies will enormously enhance social communication, public information and freedom of expression and information, while at the same time increase the risk of disparities in access to these technologies, enlarge the possible impact of abuses of freedom of expression and information and question traditional national and European media regulations based on a strict division of the various forms of media and their geographically limited scope.
4. Therefore, the CDMM would like to stress the recommendations made by the Parliamentary Assembly in paragraphs 3 and 5 of Recommendation 1332 (1997). Given its field of expertise, the CDMM wishes to underline in this respect the necessity to formulate common approaches to the notion of universal access to the new information services, to examine the validity and applicability of traditional national media regulations and possibly complement them by systems of self-regulation and self-control coordinated at European level, and to develop appropriate European responses to the challenges in the field of media pluralism, copyright and content standards.
5. Scientific and technical developments will play an essential role in these challenges, since they will provide users and providers with the possibility to cope with the immense amount of information disseminated via the new information and communications services and thus make qualified choices as to the use of these services. This includes the use of encryption tools to protect privacy, filter tools for user self-control, access control tools for creating an information market and protecting minors, as well as search tools for enabling a qualified choice by information consumers.
Specific remarks
Ad paragraph 1:
6. The CDMM supports the view taken in paragraph 1. The preparatory work for the 5th European Ministerial Conference on Mass Media Policy has led to the conclusion that any approach to new information and communications technologies should be farsighted and take due account of their future development perspectives and their impact on the traditional means of information and communication.
Ad paragraph 2:
7. The technology for digital processing and data transmission has already existed for some years, and the constant increase in the amount and quality of data transmission facilities, as well as their wider application in many areas of science and technology, is a given factor. Several Council of Europe instruments have taken account of this for some time, such as the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data of 1981, Recommendation No. R (89) 9 on computer-related crime, and Recommendation No. R (95) 13 on the problems of criminal procedural law connected with information technology.
8. Based on the results of the above-mentioned Ministerial Conference, the CDMM believes that the new dimension in the application of new information and communications technologies lies in the sphere of human communication, i.e. communication of individuals in private and public and the exchange of information, ideas and opinions rather than the processing of mere data.
9. The development of individual access to new information and communications technologies, as well as the development of information and communications services offered has now reached a level and momentum where the boundaries between the traditional means of communication (written press and publications, radio, television, video, and telephony) may be blurred and the traditional constraints on the dissemination of and access to information (cost and time of sending of paper, scarcity of radio and television frequencies, limited amount of data electronically transmittable) are minimised to a large extent.
Ad paragraph 3:
10. The CDMM appreciates the political initiative and support made by the Parliamentary Assembly with regard to the 2nd Summit of the Heads of State and Government of the Council of Europe and regards the Council of Europe as the appropriate forum to examine common European standards on freedom of expression and information in the "Information Age".
11. The Ministers participating in the Ministerial Conference referred at the beginning of their Declaration to the Declaration and Action Plan adopted by the Heads of State and Government at their 2nd Summit. The Action Plan on the Information Society adopted at the
Ministerial Conference attempts to put into practice the Declaration and Action Plan of the 2nd Summit concerning new information technologies.
12. Therefore, the CDMM and its subordinate committees will continue their analysis of the impact of these new technologies in the areas of self-regulation and self-control (MM-S-NT), access to new information and communications technologies and services (MM-S-NT), freedom of expression and information in the media (MM-S-NT), media pluralism (MM-CM) and the protection of copyright and rights of rights holders (MM-S-PR).
13. The CDMM strongly supports the commitment entered into by the Heads of State and Government at the 2nd Summit to seek common responses to the development of the new information technologies based on the standards and values of the Council of Europe, and to develop a European policy for the application of the new information technologies with a view to ensuring respect for human rights and cultural diversity, fostering freedom of expression and information, and maximising the educational and cultural potential of these technologies.
Ad paragraph 4:
14. The CDMM supports a differentiation between legal or regulatory responses, voluntary or market oriented responses and scientific or technological responses to the challenges posed by new technologies. These different aspects are being taken into consideration by the CDMM in its work.
Ad paragraph 5.i:
15. The CDMM welcomes the recommendation by the Parliamentary Assembly to analyse the impact, challenges and opportunities caused by new information and communications technologies in all fields of the work programme of the Council of Europe, and believes that each of the Council of Europe's services should be encouraged to examine, from their own angle of expertise, the possible impact of new information and communications technologies in their respective sector. The CDMM stresses in this respect, that such activities should not lead to any duplication, but should be coordinated horizontally and limited to the competence and expertise of each sector.
Ad paragraph 5.ii:
16. The CDMM appreciates the support of the Parliamentary Assembly with regard to the 5th European Ministerial Conference on Mass Media Policy, and expresses its intention of continuing to co-operate with the Parliamentary Assembly with regard to new information and communications technologies, human rights and democratic values, as well as efforts to harmonise the relevant legislation in Europe and at the international level.
Ad paragraph 5.iii.a, b, d, e, g, i, j, k, m, n, p and q:
17. The CDMM notes the importance of responding to the scientific and technological challenges at the European level. However, the questions related to teleworking, telemedicine, environmental data processing, transport systems, tele-education and scientific research lie beyond the sphere of competence of the CDMM and could be dealt with by other competent sectors and committees within the Council of Europe.
Ad paragraph 5.iii.c and h:
18. The CDMM considers the issue of public services in the field of information and communication as vital for building a coherent Information Society. The CDMM puts great emphasis on its current work on public service functions which should be universally accessible through new information and communications services. The underlying principles are formulated in paragraphs 11 and 12 of Resolution No. 1 and chapter B of the Action Plan adopted by the 5th European Ministerial Conference on Mass Media Policy.
Ad paragraph 5.iii.f:
19. Educating and training the public in the knowledge, understanding and use of the new communications and information technologies is a prerequisite for the building of the Information Society. This was also underlined in paragraph 11 (iii) of Resolution No. 1 and in the second paragraph of chapter B of the Action Plan adopted at the Ministerial Conference.
Ad paragraph 5.iii.l:
20. Paragraph 19, sub-paragraphs (vi), (vii) and (viii) of Resolution No. 1 adopted at the Ministerial Conference refers to the protection of privacy and the private sphere under Article 8 of the European Convention on Human Rights and supports the use of cryptography in order to increase the level of confidentiality in correspondence and the transmission of personal data.
Ad paragraph 5.iii.o:
21. The CDMM believes that regulatory uncertainties as to national jurisdiction and the applicability of national laws to an inherently international medium of communication and information would for the moment be best addressed by the development of common European self-regulatory initiatives of providers and operators as well as by self-control tools for users. This is reflected in paragraph 19 (ix) of Resolution No. 1 and paragraph 7 (vi) of Resolution No. 2 of the Ministerial Conference.
Ad paragraph 5.iii.r:
22. Freedom of expression and information, as guaranteed by Article 10 of the European Convention on Human Rights, is vital for the development of any democratic society and every human being. Therefore, the CDMM supports the recommendation of the Parliamentary Assembly to monitor the implementation of scientific and technological policies for the benefit of democratic values in Europe.
23. Paragraph 19 (iv) of Resolution No. 1 of the Ministerial Conference draws the attention of member States to the necessity that the use of new communications and information services for electoral purposes does not prejudice democratic principles. Bearing in mind the need to safeguard and foster democratic values, the Ministers participating in the Ministerial Conference held in Thessaloniki requested the Committee of Ministers to dedicate work to the monitoring of the development of new technologies and their regulation in view of human rights standards (chapter A of the Action Plan), to examine forms of misuse of new technologies and possible remedies (chapter E of the Action Plan), to continue the work in the field of media concentration and pluralism (chapter G of the Action Plan), and to consider action in favour of the participation of individuals in public life (chapter H of the Action Plan).
24. In conclusion, the CDMM welcomes and appreciates the Parliamentary Assembly's initiative as expressed in Recommendation 1332 (1997) and regards it in line with the political texts adopted in Thessaloniki. The CDMM would like to reiterate the requests expressed in the Action Plan adopted in Thessaloniki and considers these actions as part of the implementation of the Action Plan decided upon at the 2nd Summit of the Heads of State and Government of the Council of Europe with respect to new information technologies.
25. The CDMM will keep the Parliamentary Assembly informed of the results of its work.
1 The CDCC takes note of the fact that the legal issues referred to here fall within the competence of the CDMM.