Transparency survey brands protection policy an ‘obstacle’ to business interests

Date: 14/02/02

By Martin Banks

DATA protection laws are increasingly seen as an 'obstacle' to businesses working effectively with the European Union.

This is one of the key findings of a major survey on transparency and openness in EU institutions.

The study was carried out by the EU Committee of the British Chamber of Commerce and Society of European Affairs Professionals (SEAP).

The chamber and SEAP asked 250 of their members, who include lobbyists, industrialists and lawyers, how they rated the three main EU institutions: the European Parliament, Commission and Council of Ministers.

'One of the key concerns that emerged was the way rules on data protection could be used by the institutions to prevent access to information,' said Elizabeth Crossick, EU committee chairman. 'We hope that existing data protection rules will not become a new source of secrecy in the public sector.

'While data protection rules are very important, they should not be used as a shield behind which institutions can hide in order to prevent giving out important information which should be in the public domain.'

In the survey, members were asked to rank the three institutions from one (excellent) to five (highly unsatisfactory) on a range of topics, including:

• access to information and documents;
• access to websites and downloading facilities;
• availability of passes to buildings and their renewal;
• access to hearings and seminars and;
• availability of information on Council minutes and working groups.

'The average score given by our members over 19 categories was 3.4, that is, between 'fair' and 'unsatisfactory'. This is simply not good enough,' said Crossick, who is public affairs director of law firm Freshfields Bruckhaus Deringer.

'Overall, the Council was rated even lower. The Commission, to its credit, has made considerable improvements, as has the Parliament. But there is still some way to go before we have the desired level of transparency and openness.'

She added: 'The data protection directive was adopted in 1995 so it isn't new. What concerns our members, however, is the way it could be interpreted by the EU. It is felt that the data protection laws are increasingly seen as a further obstacle to businesses operating effectively with the institutions.'

The British chamber, which boasts a multi-national membership including American, French and Belgian companies, as well as SEAP, will present their report to representatives of the three institutions next month.

They then plan to run a regular 'scorecard' to evaluate the progress made in each area.

A major survey, carried out by the EU Committee of the British Chamber of Commerce and Society of European Affairs Professionals, has found that data protection laws are increasingly seen as a barrier to effective work between businesses and the European Union.