WRITTEN QUESTION E-2167/99 by Gerhard Schmid (PSE) to the Commission. Protection of personal privacy pursuant to Article 6 of the TEU.
Date: 1999-11-29
Institutions: European Parliament, Provisional data
Subjects: EU law, member country, protection of privacy

1.8.2000

EN

Official Journal of the European Communities

C 219 E/109

Most of the inspectorates within the Member States attend the meetings of the committee on the technical
adaptation of recording equipment. The opinions of those representatives are taken into account, especially
since they improve the technical specifications drawn up within the committee, on condition that those
opinions are relevant to the remit conferred upon said committee.

The representatives of the inspectorates feel that digital recording equipment is able to improve checking
quality. However, they also feel that the transitional period during which both types of monitoring device
(Annexes 1 and 1B) are to exist side by side, will inevitably cause some practical difficulties since older
vehicles will not be retrofitted.

The detailed technical specifications are about to be completed and will be much more stringent than
those laid down for the current analog recording device.

The industrialists who also help the committee to draw up technical specifications will ensure that use is
made of technologies that are able to guarantee that the equipment functions properly.

(1) OJ L 274, 9.10.1998.
(2) OJ C 138, 4.5.1998.
(3) OJ C 110, 21.5.1995.

(2000/C 219 E/139)

WRITTEN QUESTION E-2167/99

by Gerhard Schmid (PSE) to the Commission

(29 November 1999)

Subject: Protection of personal privacy pursuant to Article 6 of the TEU

Member State constitutions protect citizens against violations of their personal privacy by the State
(interception of mail, telephone tapping, etc). Intrusions into private lives consequently may only be
authorised subject to stringent safeguards enshrined in law.

Does the guarantee of fundamental rights pursuant to Article 6 of the Treaty on European Union protect
an EU citizen against intrusion into his or her private life by a Member State other than that of which he
or she is a national?

Answer given by Mr Bolkestein on behalf of the Commission

(6 January 2000)

Article 6 of the Treaty on European Union requires the Union to respect fundamental rights in exercising
its competences.

The Community legislation addressed to the Member States with regard to the protection of privacy of the
Union citizens consists of Directive 95/46/EC of the Parliament and the Council of 24 October 1995 on
the protection of individuals with regard to the processing of personal data and on the free movement of
such data (1), and Directive 97/66/EC of the Parliament and the Council of 15 December 1997 concerning
the processing of personal data and the protection of privacy in the telecommunications sector (2).

These two directives have as their aim to ensure the rights and freedoms of natural persons with regard to
the processing of their personal data and as such they are relevant to the matters raised by the Honourable
Member. They in principle also apply to the processing of information relating to natural persons by a
Member State if the natural person in question is not a citizen of that Member State. It must however be
noted that the scope of these directives is limited to the processing of personal data in the course of
activities which fall within the scope of Community law. Further both directives lay down exemptions and
restrictions which can be applied when necessary to safeguard certain interests (see Article 13 of Directive
95/46/EC and Article 14 of Directive 97/66/EC).

(1) OJ L 281, 23.11.1995.
(2) OJ L 24, 30.1.1998.