As in the state regulations governing Videotext and in the newer
state media laws it must be guaranteed that the collection and
storage of data on connections and billing is kept to a minimum.
This rigid framework for the processing of data should not be
loosened to the extent that the use of a service depends on the
consent of the subscriber the use of data for other purposes.
The states should establish adequate regulations for all interactive
services.
As the above mentioned services are part of a emerging global
information infrastructure it is the responsibility of the federal
government to use its influence to bring about regulation on an
international level.
Rights of the individual vis-a-vis the media
While individuals who are the subject of reports by public and
private radio have the right to counter statement, just as in
most areas of everyday life, there are no basic data protection
rights as regards the press.
While an individual whose right to privacy is infringed upon by
a radio or television report in most cases has a right to access
his or her own stored personal data which may have been the basis
of the report, there is no such right vis-a-vis the press. Most
radio and television stations or networks, unlike the press, are
obliged to store counter statements along with the data. There
is no plausible reason for this differentiation.
Thus, press law should be brought into line with radio and television
law (Para. 41 sec.3 Federal Data Protection Act - BDSG- and Art.17
sec.2 of the ZDF-Staatsvertrag - the interstate treaty governing
one of two German public television networks).
Individuals should be granted the right to seek information about
published material stored about themselves in press data bases
which serve not only internal purposes.
Public relations work of public authorities
The publication of personal data by public authorities can infringe
upon the individual's right to informational self determination.
This applies to individuals on which the activities of the authority
are focused as well as to other parties involved (for instance,
objectors, victims of criminal acts, witnesses) and especially
the unaffected individuals from the targeted individual's from
the targeted individual's social sphere. Therefore, the disclosure
of personal data from criminal investigation procedures to the
media must be handled with utmost caution.
There are no statutory definitions as to the extent of the media'a
right to be informed about personal data, for example in the form
of news releases. The federal and state data protection commissioners
therefore believe it essential that the legislature establish
clearer criteria for the balancing of the right to individual
privacy with the freedom of the press. This could be done through
amendment of state press law or in especially sensitive sectors
such as the criminal procedure through special regulations.
Court TV
The federal and state data protection commissioners oppose demands
to lift the ban on radio and television reports from court proceedings.
Especially as regards criminal proceedings, the presence of microphones
and TV cameras inevitably would lead to severe infringement of
the right to privacy of the defendant, the victim, the witnesses-and
their relatives. Even with the consent of all parties, radio and
television coverage should not be permitted inside the courtroom.
Court proceedings should not be turned into a mass media spectacle.
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