World Summit on the Information Society
Executive Secretariat
Ambassador Janis Karklins
President of the WSIS PrepCom for the Tunis Phase

Place des Nations
CH - 1211 Geneva 20
Switzerland		

50.318.2	Dr. Dix	+49.30.13889200	21 September 2005	

Dear Mr. Karklins,

I am addressing you in my capacity as the Chairman of the International Working Group on Data Protection in Telecommunications (IWGDPT). The Group has played an active role in the privacy-friendly development of the information society for quite some time.

The IWGDPT (also known as the “Berlin Group” since the Berlin Commissioner convenes it) was founded in the framework of the International Conference of Data Protection and Privacy Commissioners in 1983. It consists of representatives from the national data protection supervisory authorities and from international data protection organisations, as well as of independent scientists, representatives from industry and other specialists in privacy and telecommunications. The Group issues common positions and working papers on data protection and privacy problems in the telecommunications sector. Since 1996 one of the main subjects that the Working Group has been dealing with are data protection and privacy matters regarding the development of the Internet. An overview of the work of the Group is available from the website of the secretariat at <http://www.privacy.de/doc/int/iwgdpt/index.htm>.

At its last meeting on 6-7 September 2005 in Berlin the Working Group has discussed again the privacy aspects of any future form of Internet governance. In particular it has welcomed the Report of the Working Group on Internet Governance.

The International Working Group stresses the importance  of the policy areas related to privacy and data protection in the context of any new structure of Internet governance. These policy areas should therefore be integrated in any final document to be adopted at the Tunis Summit. 

Privacy and data protection is a human right and an essential prerequisite in a global Information Society. This has recently been highlighted by the 27th International Conference of Data Protection and Privacy Commissioners in their Montreux Declaration of 16 September 2005 which you will find attached. Governments should address privacy and security jointly and transparently, in cooperation with all stakeholders. Disproportionate invasions of privacy must be prevented, and where privacy is outweighed by other societal claims there must be clear rules, subject to independent judicial oversight, setting forth the conditions under which it can be restricted. 

Many countries are expanding mandatory identification of individuals or routine retention of personal data (e.g. telecommunications and Internet traffic data). Often, the rationale for these schemes are poorly founded, are unlikely to achieve their claimed objectives, and pose significant threats to privacy, freedom of expression and other civil liberties. Governments must ensure adequate prior public scrutiny and debate of these proposals.

The International Working Group fully supports the suggestion made by the WGIG to install a Privacy Forum after the Tunis Summit. We offer our cooperation within such a Forum. Participation, consultation and partnerships in action are fundamental to the creation of a global information society that serves democratic development.

I have sent my proposals also to Ambassador Masood Khan, Chairman-Designate of Sub-Committee A of PrepCom 3.

Yours sincerely,

Alexander Dix
(Chairman)

Enclosure : Montreux Declaration of the 27th International Conference of Data Protection and Privacy Commissioners (16 September 2005)