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Customer Relationship Management




                    Notes          A number of European countries have specific enactments dealing with the use of surveillance
                                   for security and private investigation purpose and the review of information obtained. Private
                                   investigators have to be licensed in many countries. In Ireland, it is necessary that physical and
                                   electronic surveillance measures must comply with data protection laws.
                                   Given that private detective agencies, if allowed to operate without regulation, could potentially
                                   wreak considerable havoc on the personal information of a citizen, it is important to ensure that
                                   these agencies are regulated particularly when it comes to the use of personal information. The
                                   introduction of data protection legislation could have significant consequences on this industry.

                                   Data Protection and National Security

                                   There is likely conflict between privacy needs of an individual and interests of national security.
                                   On many occasions, Government may need to resort to gaining access to personal information
                                   and its sharing with other government agencies in order to safeguard national interests. Privacy
                                   legislation will need to provide for such exceptions.

                                   12.1.11 Data Protection vs. Transparency in Government

                                   In  recent times,  the government  has, in  order  to  demonstrate greater  transparency in  its
                                   functioning and reduce corruption, initiated the practice of publishing complete details of all
                                   the government activities with full information about the recipients  of government service.
                                   While  these initiatives do go  a long way to validate the fact that government servants have
                                   honestly and without fraud or corruption, delivered the services they are obliged to provide,
                                   they have the unintended consequence of exposing vast quantities of personal data in a very
                                   public way. With the introduction of the UID number this practice could result in even greater
                                   harm as the UID number that will be present in each and every publication of this nature will
                                   make it easy to link various public databases and help create an identifiable profile of everyone
                                   on that public database.
                                   The government needs to balance the need for transparency with the social obligation to provide
                                   its citizens with personal privacy and data protection. There are other ways in which transparency
                                   could be demonstrated – ways that do not impinge upon personal privacy. In enacting data
                                   protection legislation, the government should be  making a  policy decision that it  supports
                                   personal privacy and if this means re-thinking its approach to transparency, must be willing to
                                   take appropriate measures to change its own thinking.
                                   12.1.12 Privacy Legislations in other Countries


                                   Many countries in Europe, Asia and America have enacted privacy legislations. A summary of
                                   the key provisions of legislations of  major countries is annexed. A perusal of the summary
                                   would suggest that approach to protection of  privacy and individual liberty adopted by the
                                   various countries have many common features. It is possible to identify certain basic values
                                   which are commonly considered to be elementary components of the area of protection. Some
                                   of these principles are setting limits of the collection of personal data in accordance with the
                                   objectives of the data collector and similar criteria; restructuring the usage of data to conform
                                   with specific purposes, granting facilities for individuals to know all the exceptions and constraints
                                   of data and have their data collected; and the identification of parties who are responsible for
                                   compliance with the relevant privacy protection of rules and decisions.

                                   Differences between approaches of various countries referred to aspects such as the scope of
                                   legislation, the emphasis placed different elements of protection, exceptions provided in the
                                   law, and the machinery of enforcement. While most of the European legislations have opted for




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