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PRIVACY: Il Garante incontra il mondo della scuola (30/01/2008)

"Privacy e mondo della scuola" è il binomio intorno al quale ruota la seconda "Giornata europea della protezione dei dati personali" che si celebra il 28 gennaio.

L’iniziativa è promossa dal Consiglio d’Europa con il sostegno della Commissione europea e di tutte le Autorità europee per la protezione dei dati personali, fra cui il Garante italiano. Obiettivo della "Giornata" è quello di sensibilizzare i cittadini europei sulle tematiche riguardanti la tutela dei diritti fondamentali nel cui ambito si colloca il diritto alla protezione delle informazioni che riguardano la vita personale e di relazione di ciascun individuo.

Per celebrare questo secondo appuntamento dedicato alla privacy l’Autorità si è spostata sul territorio e ha organizzato, in collaborazione con il Ministero della pubblica istruzione, un incontro con le scuole superiori presso tre Uffici scolastici regionali. In ognuna delle tre sedi sarà presente uno dei componenti del Collegio dell’Autorità - Francesco Pizzetti a Torino, Giuseppe Chiaravalloti a Catanzaro, Mauro Paissan a Roma - che tratterà le tematiche della protezione dei dati personali legate al mondo giovanile. Agli incontri parteciperanno presidi, insegnanti, dirigenti scolastici e rappresentanti degli studenti. Un quarto incontro verrà successivamente organizzato a Napoli con Giuseppe Fortunato.

L’Autorità prosegue in questo modo il cammino intrapreso lo scorso anno ritenendo che sia sempre più urgente e necessario stimolare l’attenzione dei giovani sui diritti fondamentali che garantiscono una piena e completa tutela della vita privata e sui rischi, oltre che sulle opportunità, legate all’uso delle nuove tecnologie (Internet, videofonini, Youtube).

Nel corso degli incontri verrà anche proiettato un video divulgativo sull’attività del Garante e sui temi generali legati alla privacy e verranno distribuiti gadget (magliette, spillette, adesivi) realizzati per l’occasione e dedicati alla protezione dei dati personali.

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DATA PRIVACY IN TRANSATLANTIC PERSPECTIVE:
CONFLICT OR COOPERATION?

Monday, January 28, 2008
Room 3041, Duke University School of Law
sponsored by

Duke University Center for European Studies

Duke University School of Law

Center for International & Comparative Law



In today’s world, the right to privacy has come under immense pressure. Thanks to the terrific capabilities of modern technology, electronic data on our personal lives is gathered, stored, and shared on a scale that was unimaginable even a decade ago. The imperatives of national security have led governments across the world to call for more personal data to be collected directly by public authorities or to be siphoned from private corporations engaged in data processing for their own business purposes.

Notwithstanding these developments both European and American law is designed to safeguard privacy. To be sure, the law of privacy in the United States and Europe can differ dramatically. Yet both communities seek to protect their members from intrusive observation by others. Without such safeguards, individual autonomy and liberal democracy are unthinkable.

This day-long conference will bring together leading legal scholars, privacy professionals, and government officials from Europe and the United States to discuss the future of data privacy in light of these new realties. What are the differences in the legal safeguards for data privacy in the United States and Europe? How successful have the two systems been in mediating between legitimate demands for personal data and the right to privacy? What are the prospects for transatlantic cooperation on data privacy? And, ultimately, will the liberal commitment to privacy survive the radical technical and political transformations occurring in contemporary society?



8.15 - 8.45 am Coffee and Continental Breakfast

8.45 - 9.00 Welcome and Opening Remarks



Francesca Bignami, Professor, Duke University School of Law; Director, Duke Center for European Studies
Gilbert Merkx, Duke University Vice Provost for International Affairs


9.00 - 10.15 Panel One: The Past and Present of Data Privacy

Moderator: Leonardo Cervera Navas, EU Fellow at Duke University; Coordinator of the Data Privacy Day

Panelists:

Howard Beales, Professor at George Washington University; former Director of the FTC Bureau of Consumer Protection
Peter Hustinx, European Data Protection Supervisor of the European Union; first chairman of the Article 29 Working Party (1996-2000), and former Dutch Data Protection Commissioner
Stefano Rodotà, Professor at La Sapienza University, Roma; former Member of the Italian Parliament (1979-1996); Italian Data Protection Commissioner (1997-2005), and Chairman of the Article 29 Working Party (2000-2004)
Data privacy was first recognized as a distinct policy area in the early 1970s with the enactment of legislation in the United States, Sweden, and the German Land of Hessen. Since then, the law of data privacy has changed dramatically. The panelists, all of whom have been highly influential in shaping today’s legal framework, will trace the twists and turns of data privacy from the beginnings to the present day. They will also reflect on contemporary privacy challenges in light of this historical background.

10.15 - 10.30 Coffee Break

10.30 - 12.15 Panel Two: Consumer Privacy through Notice and Consent

Moderator: Sarah Ludington, Professor, Duke University School of Law

Panelists:

Annie Anton, Associate Professor at North Carolina State University; founder and director of ThePrivacyPlace.org
Giovanni Buttarelli, Secretary General of Il Garante per la Protezione dei dati personali (Italian Data Protection Authority)
Fred Cate, Director of the Center for Applied Cybersecurity Research; Distinguished Professor, Indiana University School of Law
Kathryn Ratte, Attorney, US Federal Trade Commission
Peter Swire, Senior Fellow at the Center for American Progress; Professor at the Ohio State University


One of the main safeguards for consumer privacy is the duty to give the consumer notice of the firm’s privacy practices and to obtain consumer consent before going ahead with personal-data collection. In the United States, this duty is a feature of both sector-specific privacy statutes and market-based self-regulation. In the European Union, Personal Data Protection Directive 95/46 requires vendors to disclose extensive information on their privacy practices and, in many cases, if consumer consent is forthcoming, permits the vendor to go ahead with data processing. The panelists will assess the effectiveness of these notice and consent rules in protecting consumer privacy. They will also consider the feasibility and desirability of other regulatory techniques for improving consumer privacy.

12.15 - 1.45 Lunch



1.45 – 3.30 Panel Three: Privacy and National Security



Moderator: Frank Schmiedel, Delegation of the European Commission in Washington D.C., responsible for Justice, Liberty and Security matters

Panelists:

Florence Audubert, Senior Counsel in the Offfice of Legal Affairs, INTERPOL; Secretary of the Commission of Control of INTERPOL’s Files (CFF)

Francesca Bignami, Professor, Duke University School of Law; Director, Duke Center for European Studies
Anne Klinefelter, Associate Professor of Law and Director of the Law Library, University of North Carolina at Chapel Hill School of Law
John Kropf, Deputy Chief Privacy Officer at the Department of Homeland Security
Thomas Zerdick, Administrator of the Justice, Liberties and Security DG, European Commission


Governments on both sides of the Atlantic are demanding more and more personal data to ward off terrorist attacks and other threats to national security. But European countries are bound by a more comprehensive set of data privacy guarantees than is the United States. This panel will examine current government counterterrorism initiatives and the domestic legal contexts in which they operate. The panelists will also examine the extent of transatlantic cooperation on national security and whether transatlantic differences on data privacy have posed a serious obstacle to such cooperation.

3.30 - 3.45 Coffee break

3.45 - 5.30 Panel Four: Global Data Flows and National Privacy Standards

Moderator: Richard Purcell, Corporate Privacy Group; former Chief Privacy Officer at Microsoft

Panelists:

Joe Alhadeff , Chief Privacy Officer, Oracle
Damon Greer, Safe Harbor Program Director, US Department of Commerce
David Hoffman, Group Counsel and Director Privacy and Security Policy, Intel
Jane Horvarth (US), Google; former Chief Privacy Officer, US Department of Justice

Campbell Tucker, Senior Vice-President of Wachovia


Electronic data can travel the globe almost instantaneously. Although this gives rise to immense opportunities, the ease with which personal data crosses national borders poses challenges for both regulators and firms. This panel will consider the experience over the past decade with cross-border data transfers from both the business and the government perspectives. How do firms handle the demands of multiple, sometimes conflicting data privacy standards? Is there a “California effect” in the data privacy area as there is in, say, automobile safety? On the regulatory side, has the European Union’s attempt to assure data privacy for its citizens abroad succeeded? More specifically, in the United States, has the Safe Harbor Agreement led to significant changes in the way in how corporations treat their consumers’ personal data? And, internationally, what are the prospects of regulatory convergence?

5.30 - 6.30 Reception - Third Floor Loggia

Sponsored by the law firm of Womble, Carlyle, Sandridge & Rice, LLC

Parking available. 6.0 CLE credits offered at no cost, which may be used to fulfill either 2007 or 2008 CLE requirements. For further information, please contact Sharon McHugh Peters at sharon.peters@duke.edu. Support for the conference has also been provided by the Office of the Vice Provost for International Affairs.

Please note: Due to the overwhelming interest in this conference, we would greatly appreciate it if you would inform us if you plan to attend so that we might have available seating. You may contact Sharon McHugh Peters at sharon.peters@duke.edu.


Accommodations & Directions
Recommended Hotels
R. David Thomas Executive Conference Center - The Thomas Center is located on the Duke campus about a 3-minute walk from the conference venue.

R. David Thomas Executive Conference Center
One Science Drive/Box 90344
Durham, North Carolina 27708
Phone: +1 919-660-6400
Fax: +1 919-660-3607


Millennium Hotel
919-383-8575
off Morreene Rd.
0.8 miles from Law School (van service for a fee)

Durham Hilton
919-383-8033
Hillsborough Rd.
2 miles from Law School (complimentary van service provided)

Airport Information
The Law School is approximately 20 minutes by car from the Raleigh-Durham International Airport, which is served by all major airlines. Taxi rates from the airport to the Law School are approximately $30.

Airport Shuttles
RDU Airport Taxi (919) 840-7277
Airport & Intown Taxi (919) 942-4492
Airport Transport & Taxi Company (919) 667-0800
Brad’s Airport Transportation (800) 467-3302
Dave’s Airport Transportation Service (919) 632-5509


Driving Directions
From Chapel Hill
Take US15-501 North to the Duke University/NC751 exit. At the bottom of the ramp, turn right. Go to the second traffic light and turn left onto Science Dr. The Law School is the building on the left just before the first traffic light on Science Dr. There is a visitor’s parking lot on the right side of Science Dr., between NC751 and Whitford Dr.

From Raleigh via I-40
Take I-40 West to the US15-501/Durham exit. At the end of the ramp, turn right onto US15-501 North. See above directions from Chapel Hill.

From Raleigh via 147
Take I-40 to NC147. Follow NC147 to the exit for US15-501 South. Once on US 15-501 South, take the Duke University/NC751 exit. At the bottom of the ramp, turn left. Go to the third traffic light and turn left onto Science Dr. The Law School is the building on the left just before the first traffic light on Science Dr. There is a visitor’s parking lot on the right side of Science Dr., between 751 and Whitford Dr.

From Hillsborough, Greensboro, Charlotte
Take I-85 North to the NC751/Durham exit. At the first traffic light, turn right onto NC751. Continue forward to the fourth traffic light and turn left onto Science Dr. The Law School is the building on the left just before the first traffic light on Science Dr. There is a visitor’s parking lot on the right side of Science Dr., between NC751 and Whitford Dr.

From Oxford, Henderson, Virginia
Take I-85 South to the US15-501 split to Chapel Hill. This will be a left lane split. Continue on US15-501 South to the Duke University/NC751 exit. At the bottom of the ramp turn left. Go to the third traffic light and turn left onto Science Dr. The Law School is the building on the left just before the first traffic light on Science Dr. There is a visitor’s parking lot on the right side of Science Dr., between NC751 and Whitford Dr.

Parking
Free parking is available in the lot on 751/Cameron Boulevard, located within a short walk of the Law School on Research Drive.

The conference is being held in conjunction with Data Privacy Day 2008 For more information on Data Privacy Day 2008, please see www.privacyassociation.org.




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