Doc. 8488
19 août 1999

Controlling the use of information provided in the course of shopping transactions on Internet

Motion for a recommendation

presented by Mr Goulet and others

This motion has not been discussed in the Assembly and only expresses the views of the members who have signed it

1.       The Assembly       notes

i.       that electronic shopping has expanded dramatically in all countries in terms of both turnover and volume of transactions;

ii.       that personal data relating to Internet users is transmitted during both simple site consultation and shopping transactions;

iii.       that while certain on-line forms to be filled out indicate that the information entered will be sent over a secure server, in the majority of cases no such indication is given,

iv.       that in practice it is impossible at present to verify the accuracy of such statements and the methods used to ensure that information transmitted remains secure;

v.       that, moreover, webmasters are able to discover, above and beyond information relating to civil status or bank account details, not only the number of visitors to their sites but also the individual details of such visitors;

vi.       that Internet represents an inexhaustible source of information of all types;

vii.       that like all resources, it is essential to prevent unethical use being made of it;

viii.       that numerous cases of violations of national legislations have been recorded in the field of pharmacology since for example, certain products banned from sale in France or other countries can be ordered directly via Internet and delivered to consumers with total disregard for the legislation to which they are subject;

ix.       that, accordingly, it is essential for the Council of Europe to give serious thought to the risks of abuse associated with the use of Internet;

x.       that the speed and immediate globalisation of exchanges make the problem particularly acute;

xi.       that all Assembly members are directly concerned by this problem both in their capacity as private individuals and as elected representatives;

xii.       that one of the roles of the Council of Europe is to monitor human rights, foremost of which is the right to respect for privacy;

2.       The Assembly therefore:

i.       recommends that the Committee of Ministers associate it with the negotiations concerning the modification of Convention 108 of 28 January 1981 for the Protection of Individuals With Regard to Automatic Processing of Personal Data;

ii.       recommends that the Committee of Ministers delay the conclusion of a protocol to the convention so as to enable the Parliamentary Assembly:

      —to       consider the risks attaching to electronic commerce, particularly as regards respect for privacy;—

      —to       organise hearings of specialists and lawyers, as well as site managers, technicians and software designers, for the purpose of gaining a better understanding of the nature of the problem;—

      —to       report on the outcome of the hearings so as to enable a coherent strategy for action to be drawn up.Si

Signed :

Goulet, France, EDG

Birraux, France, EPP/CD

Dhaille, France, SOC

Eltz, Croatia, EDG

Etherington, United Kingdom, SOC

Hancock, United Kingdom, LDR

Keltošová, Slovakia, EDG

Korakas, Greece, UEL

Martínez, Spain, SOC

Schreiner, France, EDG

Sinka, Latvia, EDG

Squarcialupi, Italy, SOC

Steolea, Roumanie, EDG

Tkác, Slovakia, EDG

Zingeris, Lithuania, EDG

________

1.       SOC: Socialist Group

      EPP/CD: Group of the European People’s Party

      EDG: European Democratic Group

      LDR : Liberal, Democratic and Reformers’ Group

      UEL: Group of the Unified European Left

      NR: not registered in a group