22 February 2010

EU Data Protection Supervisor Warns Against ACTA, Calls 3 Strikes Disproportionate

(Michael Geist)
Peter Hustinx, the European Data Protection Supervisor, has issued a 20-page opinion expressing concern about ACTA. The opinion focuses on three key issues: three strikes legislation, cross-border data sharing as part of enforcement initiatives, and transparency. Although the EDPS acknowledges the importance of enforcing intellectual property rights, he takes the view that a three strikes Internet disconnection policy constitutes a disproportionate measure. It can be questioned whether data transfers to third countries in the context of ACTA are legitimate. The principles of necessity and proportionality of the data transfers under ACTA would be more easily met if the agreement was expressly limited to fighting the most serious IPR infringement offences, instead of allowing for bulk data transfers relating to any suspicions of IPR infringements. The EDPS strongly encourages the European Commission to establish a public and transparent dialogue on ACTA, possibly by means of a public consultation.