Portraying CISE participants and access rights Current situation and best options Functions/ Current user access rights and Identification of barriers Best CISE options on portraying CISE User Communities responsibility to share participants and access rights Legal (L), technical (T) and cultural (C) (Remarks/comments and overall (Legal basis for data exchange, categorisation of conducive environment for planned legal activities, actors (if data sharing - A (low) , B (medium) or C A. General B. Specific C. D. Legislative specified) and geographic/regional (high)) nature nature Administrative complexity coverage) burdens (simplification) (reporting implications) Report on Legal A: A limitation for full sharing of information gathered in the The study is done on behalf of the Proposal aspects of maritime area is the rules governing the processing of personal European Commission and maritime data. The legislation limits significantly the possibilities to share executed by Marine Ressource As regards the barriers emerging from the monitoring & personal data e.g. gathered as the exercise of authority. It is Assessment Group Ltd. The study Data Protection rules it is concluded that surveillance data important to note that personal data is broadly defined in the report identifies a number of several pieces of the information collected in (2008) legislation and information gathered on e.g. the crew of a ship could relevant reporting regimes, the maritime area can be categorised as be personal data. surveillance systems, data sharing personal data and the report concludes that B: Both the VMS (art. 113) and VTM (art. 24) directives hold mechanisms and potential legal the assessment of whether a piece of provisions with restrictions to share information with a confidential restrictions. information is personal or not should be build and commercial nature. Those provisions limit the possibilities to into the system. Moreover it is concluded it share information. Several of these systems are set should not be attempted to change the Data C: The identified reporting regimes, surveillance systems and data up to collect data in the maritime Protection rules. sharing mechanisms all constitute administrative burdens to some area within different extent. Regarding the question on commercial D: Since the report covers relevant legislation for all functions the
Functions/ User Communities Portraying CISE participants and access rights Current situation and best options Current user access rights and responsibility to share (Legal basis for data exchange, planned legal activities, actors (if specified) and geographic/regional coverage) Identification of barriers Legal (L), technical (T) and cultural (C) Best CISE options on portraying CISE participants and access rights (Remarks/comments and overall categorisation of conducive environment for data sharing - A (low) , B (medium) or C (high)) A. General nature B. Specific nature C. Administrative burdens (reporting implications) D. Legislative complexity (simplification) Report on Legal aspects of maritime monitoring & surveillance data (2008) The study is done on behalf of the European Commission and executed by Marine Ressource Assessment Group Ltd. The study report identifies a number of relevant reporting regimes, surveillance systems, data sharing mechanisms and potential legal restrictions. Several of these systems are set up to collect data in the maritime area within different A: A limitation for full sharing of information gathered in the maritime area is the rules governing the processing of personal data. The legislation limits significantly the possibilities to share personal data e.g. gathered as the exercise of authority. It is important to note that personal data is broadly defined in the legislation and information gathered on e.g. the crew of a ship could be personal data. B: Both the VMS (art. 113) and VTM (art. 24) directives hold provisions with restrictions to share information with a confidential and commercial nature. Those provisions limit the possibilities to share information. C: The identified reporting regimes, surveillance systems and data sharing mechanisms all constitute administrative burdens to some extent. D: Since the report covers relevant legislation for all functions the Proposal As regards the barriers emerging from the Data Protection rules it is concluded that several pieces of the information collected in the maritime area can be categorised as personal data and the report concludes that the assessment of whether a piece of information is personal or not should be build into the system. Moreover it is concluded it should not be attempted to change the Data Protection rules. Regarding the question on commercial