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Public Affairs Roundup June 09

Dear IAB Europe colleague,

A new European Parliament has been selected following the 2009 elections which took place across all EU Member States from 4th – 7th June. A total of 736 Members of the European Parliament (MEPs) have been elected for the forthcoming 2009-2014 term, which will hold its first plenary session in Strasbourg in July. The real legislative work will begin on 31st August. EU-wide voter turnout was around 44%, lower than in all previous Parliament elections.

The centre-right European People’s Party group (EPP) has maintained its position as the largest bloc in the 736-member Parliament, winning 264 seats. The results show that centre-right parties in France, Italy, Spain and Poland have made significant gains. The Socialist group lost ground on the EPP but remained the second largest grouping with 161 seats. Third is the Alliance of Liberals and Democrats (ALDE) group with 80 seats and fourth are the Greens, who have made some gains to acquire 53 seats. The UK Conservatives have gone through with their withdrawal from the EPP group and are aiming to form a new alliance with the Polish Law and Justice Party, the Czech Civic Democratic Party and other right-wing Eurosceptic groups. The Swedish People’s Party - which wants to reduce surveillance on the internet - won its first seat in the Parliament and is planning to join the Greens or ALDE group. Meanwhile, the Socialist group has decided to rename itself to the ‘group of the progressive alliance of Socialists and Democrats’, although this has not yet been confirmed as the new title.

The leaders of the EU Member States have given ‘unanimous’ political backing to Jose Manuel Barroso in his quest to be reappointed as President of the Commission. At the European Council summit on 18th June, the 27 Heads of State all pledged their support to Barroso to become President for the coming 2009-2014 period, ending months of speculation about other possible candidates. Barroso presented the leaders with his proposed programme of action for the next five years, stating that his two key priorities will be tackling the economic crisis and the fight against climate change.

The Council will now consult the leaders of the Parliament’s political groups in order to decide whether Barroso will be officially nominated in July or October. If a majority of the group leaders agree, the Parliament will vote on the appointment on 16th July, yet if there is no majority the vote will be postponed until after the Irish referendum on the Treaty of Lisbon, which is scheduled for October 2009. Meanwhile, the Member States are in the process of finalizing their candidates for the 2009-2014 College of Commissioners, which is likely to come into force in late 2009 or even early 2010, depending on the Irish referendum.

Current Commissioner for Consumer Protection Meglena Kuneva is very likely to retain her role in the next Commission term for 2009-2014. Kuneva’s work on consumer protection has given her worldwide recognition and she is especially likely to retain a post in the next College of Commissioners if current President José Manuel Barroso is reselected.

For any questions, do not hesitate to contact us: publicaffairs@iabeurope.eu

Giovanna Fumagalli

Public Affairs IAB Europe  

 

1. Update on the Telecoms Package

On 11th June EU ministers discussed the telecoms package at a meeting in Luxembourg. The Council hopes to see the focus of the negotiations on amd.138 only (restriction of users’ internet access). Some Member States fear that the amendment may disrupt their legal system. The meeting, however, did not draw any formal conclusion, due to the fact that the Parliament had not officially transmitted its position to the Council (the deadline was 19th June), in order to prevent the Council from coming up with a counter-proposal. This would have started the conciliation procedure within eight weeks, which the Parliament would have found difficult to deal with, for the really short time to set up committees.

The Parliament still has to hand over the text to the Council. Following that, the Council could:

  • Adopt the text voted by the Parliament with no delay. However, some Member States, namely France, would oppose this option.
  • Adopt a counter-proposal, formally starting the conciliation procedure. The Parliament should then make up a conciliation committee (27 members representing all member states). The three rapporteurs, who have all been re-elected, will sit in the committee. The new vice-presidents of the Parliament will lead the negotiations, and they might be more favourable to the Council position than the rapporteurs.
  • Reopen the entire dossier, which would mean a new round of debates that could have unpredictable outcome.
  • Adopt the package in three pieces, which is hard to do as all texts are interlinked.

Commissioner Reding called all players to finalise the talks swiftly. However, on 11th June the Czech Presidency announced at a press conference that the Council will not accept amd. 138.

For the press conference click here:
http://video.consilium.europa.eu/index.php?pl=&sessionno=2331⟨=EN

For the Presidency Press Statement on the state of play regarding the telecoms package click here:
http://www.eu2009.cz/en/news-and-documents/news/presidency-press-statement-on-the-state-of-play-regarding-the-_telecoms-package_-25123/

On 10th June, the French Constitutional Council decided against the HADOPI law, specifically the three strikes approach, by claiming that it is contrary to a number of constitutional principles, e.g.: Citizens have the right to access freely information; Restrictions of such freedoms and rights is only possible if ordered by a judge, and not by an agency like HADOPI; It is contrary to democratic principles (“innocent until proven guilty”) that it is upon users whose internet has been disconnected to prove their innocence to HADOPI.

A Commission spokesman welcomed the decision of the French Constitutional Council and invited member states to analyse it carefully and to come to an agreement. MEP Trautmann, rapporteur of this part of the Telecoms Package, said she also would keep this in mind. Currently, only the creation of the Authority (HADOPI) can be adopted as law. In order to make the law operational, another complimentary law will be required to regulate the cooperation between HADOPI and judicial structures.

 

2. EU: Public Affairs Roundtable at the IAB Europe Interact Congress

On 10th June, as part of its annual congress Interact 2009, IAB Europe organized a public affairs roundtable, chaired by Mr Robert Madelin, Director General of DG SANCO. Four speakers from the online advertising industry (Google, Microsoft, United Internet Media, Nugg.ad), explained their companies’ practices with regards to online privacy.

Kimon Zorbas, iab Europe Vice-President, introduced the session by stating that a better understanding of the industry was needed and that he hoped that the Commission would continue to build on the efforts made by iab Europe so far.

Robert Madelin, Director General for Health and Consumers, chaired the roundtable. He said he hoped the discussion would be an educational experience. He believes that the vast majority of online businesses are trustful but that more needs to be done to present this image to the public.

Stephan Noller, CEO of nugg.ad and Thomas Duhr from United Internet Media clarified the many misconceptions about behavioural advertising techniques. 

Google’s Global Privacy Counsel, Peter Fleischer, said that transparency was key to the debate. By showing people the data, trust can be built. Mr Fleischer underlined the economic importance of web 2.0. Targeted advertising does not only affect online platforms but also advertisers themselves and the broader economic ecosystem. He urged the Commission to consider the wider economic repercussions before imposing any regulation on behavioural advertising.

Peter Cullen, Chief Privacy Strategist at Microsoft also explained the many benefits consumers get from online advertising as it finances a variety of free services available to them. Mr Cullen warned that policy initiatives must not exacerbate the problem and that a balance of self regulation, policy making and industry unity was required. 

Robert Madelin concluded the event saying that it was a good opportunity to take the temperature of the current climate surrounding behavioural advertising and that in particular we should take our lead from what consumers felt comfortable with in terms of managing their privacy online.

For more information contact: vp@iabeurope.eu

 

3. IAB UK Principles mentioned in Digital Britain report

The British Government published on 16th June the final Digital Britain report. The white paper, which sets out the importance of the digital economy to the nation’s economic future, makes the point Specific mention is made of Behavioural Advertising, including the role of self-regulation through IAB UK's good practice principles:

“Personal data is the new currency of the digital world. Privacy and security of that data is an increasingly critical issue. The Information Commissioner is developing a new Code of Practice “Personal Information Online” for publication later this year. The Prime Minister has appointed Sir Tim Berners-Lee to form a panel of experts to deliver better use of public data.  Effective self-regulation is also vital. The Internet Advertising Bureau’s good practice principles for providers who collect and use data for behavioural advertising mirror best practice in the USA adapted for the E.U.’s data protection framework.”

The issue of privacy is also discussed in terms of the complex relationship of the handling of different types of personal data and different types of consent. This area is of particular concern for consumers and new business models (behavioural advertising) and new services have increased public interest. Businesses collecting and using personal data for commercial purposes are required to respect user rights and are legally responsible to the ICO. The industry should demonstrate value to consumers while ensuring that their personal data is not at risk. To this end, more transparency is needed.

For the press release click here:
http://www.culture.gov.uk/reference_library/media_releases/6220.aspx

For the Executive Summary, click here:
http://www.culture.gov.uk/images/publications/exsumchpt9_digitalbritain-finalreport-jun09.pdf

 

4. EU: JLS next 5 years plan

On 10th June, Commissioner for Freedom, Security and Justice, Jacques Barrot, presented the Commission’s plan in the field for the next 5 years, the so-called “Stockholm Programme”.

The Communication lists the key priorities, one of which is Data Protection. Mr Barrot stated he wanted to introduce a comprehensive data protection scheme and information campaigns, in order to promote privacy and human dignity, particularly for vulnerable persons. Due to the speed of technological change, further legislative or non-legislative initiatives may be needed.

The Commission wants to examine the (potentially mandatory) introduction of a European certification scheme “for 'privacy-aware' technologies, products and services”, which could threaten innovation and harm European competitiveness.

The EU must be a driving force behind the development and promotion of international standards for personal data protection and in the conclusion of appropriate bilateral or multilateral instruments. The work on data protection conducted with the US could serve as a basis for future agreements.

Other ICT related issues that are not core IAB issues include the cooperation of private and public sector to facilitate the surveillance of internet and other ICT relates services and tools to combat terrorism. The Commission wants to ensure a high level of network and information security and improve the security preparedness and the resilience of critical infrastructure, including ICT and services infrastructure.

This Communication will impact the existing Data Protection regime and IAB will monitor the developments very closely.

For more information visit:
http://europa.eu/rapid/pressReleasesAction.do?reference=IP/09/894&format=HTML&aged=0&language=EN&guiLanguage=en


5. Commission announces Action Plan on IoT

On 18th June, the Commission announced and Action Plan to ensure that Europe can play a leading role in shaping new networks of interconnected objects (the so-called Internet of Things, IoT, from books to cars, from electrical appliances to food) while safeguarding users’ privacy and security.

Information Society Commissioner Reding said she wants to make sure that Europeans “as citizens, as entrepreneurs and as consumers, lead the technology, rather than the technology leading us."

An average European has at least one object that is connected to the internet, be it a computer or mobile phone, however, in the next few years, there will be plenty more of hardly visible, mobile and complex connected devices. The Commission is making sure there are enough internet addresses in order to connect objects.

The Action Plan proposes 14 steps to exploit the full potential of this new evolution:

  1. Governance. The Commission will produce a set of principles underlying the governance of the IoT.
  2. Privacy and data protection. The Commission will monitor the application of data protection legislation to the IoT.
  3. The right to the "silence of the chips". The Commission will launch a debate on whether people can disconnect from their networked environment at any moment. Citizens should be able to read (and destroy) basic RFID tags to preserve their privacy.
  4. Emerging risks. The Commission will take effective action towards trust, acceptance and security.
  5. Vital resource. The Commission will monitor the development of the IoT into a vital resource for Europe.
  6. Standardisation. The Commission will, if need be, launch additional standardisation mandates related to the IoT.
  7. Research. Through the 7th FP, the Commission will continue to finance research projects in the area of the IoT.
  8. Public Private Partnership. The Commission will integrate the IoT in the four research and development public-private partnerships that are being prepared.
  9. Innovation. The Commission will launch pilot projects to promote the readiness of EU organisations to effectively deploy marketable, interoperable, secure and privacy-aware IoT applications.
  10. Institutional awareness. The Commission will regularly inform the Parliament and the Council about IoT developments.
  11. International dialogue. The Commission will intensify the dialogue on the IoT with its international partners to share good practices and agree on relevant joint actions.
  12. Environment. The Commission will assess the difficulties of recycling RFID tags as well as the benefits that the presence of these tags can have on the recycling of objects.
  13. Statistics. Eurostat will start publishing statistics on the use of RFID technologies at the end of this year.
  14. Evolution. The Commission will gather a representative set of European stakeholders to monitor the evolution of the IoT.

The Commission will implement this Action Plan and will produce a report on the relevant activities in a further Communication in three years time.

The Action Plan on the IoT can be found at:
http://ec.europa.eu/information_society/policy/rfid/index_en.htm
For more information visit:
http://europa.eu/rapid/pressReleasesAction.do?reference=IP/09/952&format=HTML&aged=0&language=EN&guiLanguage=en

 

6. Commission calls for internationally accountable internet governance

The European Commission, on 18th June, released a communication entitled 'Internet governance: the next steps' which called for ICANN – the US body responsible for internet governance – to report to the wider internet community and not just to the US government. The joint project agreement between ICANN and the US Trade Department expires on 30th September 2009 and the Commission is eager to create a more transparent and internationally responsible form of internet governance.  
The Commission believes in maintaining the EU’s strong emphasis on the need for security and stability of the global internet, the respect for human rights, freedom of expression, privacy, protection of personal data and the promotion of cultural and linguistic diversity.

Furthermore, the key principles enabling the success of the Internet promoted by the EU remain:

  • The open, interoperable and ‘end-to-end’ nature of the Internet’s core architecture must be respected.
  • The Industry leadership of day-to-day internet management should be maintained but private bodies responsible for the coordination of global internet resources should be accountable for their actions. Governments should not be involved in day-to-day operations, and should focus on major principles only.
  • The multi-stakeholder process on internet governance should be further encouraged and Governments need to fully interact with it, as they are ultimately responsible for the definition and implementation of public policies.
  • Internet governance arrangements need to be fully inclusive, improving participation of developing countries in the key governance decision-making fora.

Click here for further information:
http://ec.europa.eu/information_society/policy/internet_gov/index_en.htm

To read the communication click here:
http://ec.europa.eu/information_society/policy/internet_gov/docs/communication/comm2009_277_fin_en.pdf

 


7. Art29WP publishes Opinion on SNS

On 12th June the Article 29 Working Party publisher their opinion on online Social Networking (SNS), which aims at providing guidance to SNS providers on the measures that need to be in place to ensure compliance with EU law.

According to the Art.29 WP, SNS providers and many third party application providers, are data controllers, thus correspondingly responsible towards users.

The Opinion advocates more transparent and privacy-friendly default settings, and addresses issues as access to profile information, processing of sensitive data and images, advertising and direct marketing on SNS and data retention issues.

SNS providers should inform users (especially minors) of all the different purposes for which they process personal data.

To read the Opinion, click here:
http://ec.europa.eu/justice_home/fsj/privacy/docs/wpdocs/2009/wp163_en.pdf

 


8. CoE  on media and the internet

On 29th May, at a conference entitled ‘A new notion of media?’ held in Reykjavik, ministers and representatives from the Council of Europe’s 47 member states adopted an action plan outlining the organization’s future work on media and the internet. A political declaration was also established, stating that the Council of Europe should explore the notion of media, where necessary differentiating media from new forms of personal communication. The ministers also highlighted the need for internet service providers, content aggregators and search engines to be aware of their rights and responsibilities. Resolutions on the protection of freedom of expression and information with regard to anti-terrorist laws were also adopted.

To see the action plan, political declaration and resolutions click here:
http://www.coe.int/t/dc/press/source/20090529_final_declaration_iceland_en.doc

The sessions of the conference are available for viewing at: www.ministerialconference.is

On 9th June, European Commissioner for Information Society and Media Viviane Reding was presented with the first European Charter on Freedom of the Press. The Charter, signed by 48 journalists from across 19 European countries, aims to ensure that the press remains free from government interference and that journalists have adequate access to information. The ten articles in the Charter outline fundamental principles that governments must respect when dealing with journalists in terms of censorship, access to media sources and freedom to disseminate information. It also stresses the need for efficient legal protection for journalists. Commissioner Reding described the text as ‘an important reaffirmation of the basic values, including media pluralism, freedom of expression and information that underpin Europe's democratic traditions and are enshrined in fundamental legal texts’. The Charter builds on the boundaries of freedom of expression which are specified in Article 10 of the Human Rights Convention as recognised by the Council of Europe.

The European Charter on Freedom of the Press and list of signatories is available at: http://www.pressfreedom.eu
http://www.coe.int/t/dc/files/themes/media/default_EN.asp


9. Energy Labelling Directive: Sweden expected to quicken process, Commission to launch study

The Council is looking into amendments resulting from the European Parliament’s First Reading on the Energy Labelling Directive which took place last month. The Swedish Presidency is expected to be instrumental in driving the policy dossier forward. The changes suggested by the Parliament require advertisements of energy related products to display its energy consumption.  

In a bid to better understand the impact of the labelling regime revision on the media the European Commission is conducting a study which will outline how advertisers should best communicate CO2 emissions and fuel consumption to consumers. The study will take into account the potentially adverse financial effects that future measures would have on the advertising industry. The tender deadline is set for 1st September 2009.

Click here for further information:
http://ec.europa.eu/avpolicy/info_centre/tenders/index_en.htm
http://ec.europa.eu/avpolicy/info_centre/tenders/index_en.htm
http://www.europarl.europa.eu/oeil/file.jsp?id=5715632

 

10. Member States unlikely to allow greater information on medical products

The Secretary General of the Pharmaceutical Group of the EU, John Chave, has stated that Member States will reject the DG Enterprise proposal which would allow information on medical products to be provided on internet and health related publications. Most Member States do not see the need for it and still see it as being too close to the agenda of the pharmaceutical industry. Chave said that the industry is also facing other challenges of rising costs and counterfeit drugs entering the market.

The proposal generated much criticism from health NGOs who branded it as ‘advertising in disguise’. Member States’ health industries are also facing more pressing challenges such as rising costs and counterfeit drugs. Enterprise Commissioner Günter Verheugen supported the proposal as it aims to provide more information to consumers.

For more information on the pharmaceutical package, click here:
http://ec.europa.eu/enterprise/pharmaceuticals/pharmacos/pharmpack_en.htm