We have rewritten the '95
Directive 95/46/EC (see Introduction) and
came up with a new Directive that has less then half the size but
many times more impact on society and our futures. The approach
is, as can be expected from the Netherlands, innovative and yet
simple, while extremely powerfull.
The most important change
within the new Directive
as opposed to
the old Directive
is the establishment and integration of data
ownership, as advocated in the iDNA Manifesto. The true change
can best be summed up by what Article 2 - i adds to the present
information architecture: (i)
'data owner' shall mean the natural or
legal person to which the respective data is related, either directly
or indirectly, and on account of which that person is legal owner of
that data.
Furthermore the
new Directive allows for
only two justifications for
processing personal data: #1 the law; #2 permission from the
owner. All the exceptions to the 'principles' as allowed for in the old
Directive have been removed
as either the exception is important
enough to put into law, or it is not important enough for law and
should therefore not be allowed to violate the principle.
For a quick overview
of the changes we propose go directly to
our workdocument.
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In a
free society the state does not administer the
affairs of men.
It administers
justice among men who conduct
their own affairs.
--Lippmann
