The European Health Organization Act
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Mr. Speaker, I would like to request an extension. This proposal has major implications over the use of personal data at the EU level, and I would like more time to properly research, and discuss the proposal with Vardic experts.
Carita Falk
Archrepublic of Vayinaod -
Will do. It is our intention to protect personal data as much as possible, hence Section II, Clause III. In regards to Section II, Clause II, it states that the EHO will only have access to health databases which are unclassified, which should be databases that are generally accessible to researchers. If your experts detect any potential problems areas, we would more than welcome any remedies they might have.
Debate on this legislation shall be extended until 08:30 GMT July 14th, 2020.
Edward Firoux
Council Speaker and Councillor for Inquista -
"I would like to thank Cllr Evergreen and Speaker Firoux for presenting us with this proposal. In Inimicus, we have always put the health of our citizens first and will strive to improve the wellbeing of all Inimicians in national and international ways. It is not surprising, then, that the Imperial Government wholeheartedly welcomes this proposal and sees its implementation as a fantastic chance to avoid future death and misery for all.
That being said, the Imperial Government has directed me to clarify a small number of seemingly minor yet definitely important points, and they mainly link in with the point Cllr Falm from Vayinaod raised. Inimicus has an extensive military research sector, where hundreds if not thousands work every day to impove the safety of our Empire and our region. Although much of the information gathered and disseminated this way is, of course, confidential, the Empire still worries that a joint pooling of governmental data, and moreover, a pooling which appears from the wording of the act to be involuntary, with the EHO collecting this information by itself, is potentially harmful. The EU is not unknown to occasionally suffer from the presence of rogue states, who would be able to request highly specific information about all member states through their representative on the EHO. I ask Cllrs Evergreen and Firoux to clarify this point.
The EHO's organisation may also be of some concern. As we see in the deliberations of our Heads of Government and even sometimes in this Council, effective decision-making with representatives from all nations present here is occasionally cumbersome and inefficient. The EHO will potentially be deciding on matters of extreme importance for the health of thousands. Decisions may need to be taken in split seconds, and I wonder if the organisational structure proposed in this Act could hamper the efficiency of the EHO's actions. Would it not, for instance, be better for member states to elect a small number of EHO board members, who then elect from among themselves the EHO director? This avoids a large amount of unnecessary bureaucracy and improves the readiness of an organisation whose entire purpose is to be ready to act."
Cllr Sir Augustus Barrington
Empire of Inimicus -
Thank you, Councillor Barrington, for your insight. I see what you're saying.
I'll begin with the point on which we disagree. In my 7-year long tenure as a Councillor, I'd like to think that I've been one of the most vocal proponents of keeping bureaucracies as efficient as possible. I've often griped about some of our most cumbersome bureaucracies, few of which I've just recently pushed the Council to repeal. So I hope you understand that I'm coming from a similar viewpoint as yourself. However, in this case, I believe it's extremely important that each member state has a representative sitting on the EHO.
There is simply no way that a 5 member board has a good or comprehensive grasp on public health risks across the EU. With each member state having a representative on the EHO, there should be complete understanding of all public health risks across the Union. Ideally, in a perfect world, member states will appoint one of their leading public health experts to the EHO, who ought to be coming to the organization equipped with a deep knowledge of their country's public health. While it is extremely important that the EHO acts as expediently as possible in the case of a public health emergency, it would actually be far, far worse if they acted quickly, without a full understand of facts, than if they acted slowly, but with the right information. I understand that lives are at stake in a public health emergency, which is exactly why we need a body that is as knowledge as possible to make those decisions. However, this is all a bit of false notion anyway. As these are public health experts after all, they would know to act with an appropriate amount of haste, and so they will make decisions quickly. It is an extreme disservice to compare them to heads of state or to heads of government. These experts also understand that while they need to act quickly, that they need to act in a fully informed and knowledgeable manner.
Secondly, and more importantly, if there is ever to be consensus across the member states during a crisis, then every state would simply need a representative on the EHO anyway. The health authorities and governmental departments of individual member states will only listen to the advice of the EHO if they feel that the EHO has a good understanding of their concerns, and if they feel that they have a voice within the organization. If they simply don't have a voice, then the member states will very likely act to their accord, and I wouldn't even blame them. They'd feel as if the organization doesn't fully understand the health risks of their country, and they'd maybe even be right on this matter. It is crucial that each member state is represented with a person at the table.
However, on your earlier point, I see that some work has to be done. This is the second time that data concerns have come up in the debate, so clearly something needs to be addressed and amended. I will again reiterate, though, that the EHO would only have access to unclassified databases, and so I'd think that wouldn't include the Inimican military research sector. Hopefully all Inimican military research is classified information? Furthermore, it specifically clarifies that the EHO would only have access to "unclassified health databases that are used by the highest health authority", meaning it should only have access to databases relevant to public health used specifically by the highest health authority, and so not by the military.
I'm inclined to add an amendment which would stop the EHO from back channeling any database information between member states. Any information that the EHO receives from a database should only be used for the EHO's research endeavours, and only its research findings should be published. The EHO shouldn't be sharing or transmitting any database information from one member state to another. I'll clarify that in an amendment. However, before I do so, I am interested in seeing what the Councillor from Vayinaod has to propose, because we might be onto similar things here.
Edward Firoux
Council Speaker and Councillor for Inquista -
I have the following amendments to propose:
AMENDMENT I:
II. The EHO shall collect public health data from and on all member states of the European Union. The EHO shall have access to all unclassified publicly owned health databases that are used by the highest health authority of each member state. The EHO shall also disseminate regular national health surveys to the highest health authority of each member state, which must be answered as truthfully and honestly as possible, failure to do so may result in action by the European Council on behalf of the EHO. The EHO shall triangulate all data it collects from the national healthy surveys with the data it has collected from databases, as well as data collected from other sources the EHO deems appropriate, such as data ethically collected from and by other organizations, persons or parties. The EHO shall not transfer data from one member-states database information to another without explicit consent for each set of data transfered. The public health data of a member-state may only be used for EHO research, studies, etc. or by the member-state of its origin.
AMENDMENT II:
III. All data that is collected by the EHO shall remain anonymous with no identifying personal information. In need of information from a specific person the EHO may make a request to said individual(s) to obtain the information, the said person shall be informed of the request by the authorities of the member state. The requested individual (s) have the right not to consent to provide the information. The EHO shall not disclose or disseminate any identifying information of specific persons to the public or any governmental health authority.
AMENDMENT III:
I. The EHO shall be headquartered in the Free City of Europolis.
II. Each member state shall appoint a representative to the European Health Organization.
III. Representatives shall oversee the EHO operations that concern their member state of origin. They shall also represent their member state in all meetings of the EHO.
III.Representatives shall elect among them a Director of the organization every four years.The Commissioner for Internal Affairs shall appoint a director, and may remove them at any time they see fit. The Director of the EHO has no term length nor limit and serves at the pleasure of the Commissioner for Internal Affairs. The EHO Representatives may in extreme circumstances remove the EHO director via a supermajority vote as defined by the EU Council, until such time as the position is filled the EHO Representatives shall elect an interim director.
IV. The Director of the EHO shall be responsible for the day-to-day administration of the EHO and shall work in partnership with health authorities and governmental health departments as required.
V. The EHO shall fall under the Commission for Internal Affairs.
VI. The Commission for Internal Affairs, as well as the European Council and European Court of Justice, have the right to investigate any and all potential breaches of this act by the EHO or by member-states. Any breach of this act may result in a number of administrative actions, as well as legal actions undertaken by an appropriate jurisdiction.
VII. The European Biotechnology Advisory Board shall be administratively under the purview of the EHO for the purposes of funding and support. The European Biotechnology Advisory Board shall otherwise retain its independence. Board members of the EBAB may be the EHO Representatives concurrently if a member-state so wishes.
These amendments work to handle some of issues I have, as well as issues present among the medical community back home in Vayinaod. It ensures that the EHO shall operate on a concept of consent when approaching individuals for information, and ensures that the public health data of one member state remains with it unless directly used by the EHO.
I also felt it would be prudent to establish the EBAB under the EHO for the purposes of funding and administration. If we are to create multiple health-related agencies in the European Union, it may well be best served to begin putting them under one umbrella. The EBAB will remain functionally the same, its funding and administrative support will simply come through the EHO as a parent agency. The same purpose that also directly gives the Commission for Internal Affairs oversight of the EHO.
The EHO will be operating with the data of millions of Europeans. It needs oversight beyond the members themselves, it needs oversight from outside, oversight at the European level that can report in an unbiased about any breaches. The Data of millions of European Citizens can not just be left unguarded.
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These are excellent amendments, Councillor Falk. I thank you for them. They shall have my full support.
Edward Firoux
Council Speaker and Councillor for Inquista -
Voting on amendments begins NOW and will close on 09:00 GMT on July 17th, 2020.
There are 3 amendments:
AMENDMENT I - Proposed by Cllr. Falk
II. The EHO shall collect public health data from and on all member states of the European Union. The EHO shall have access to all unclassified publicly owned health databases that are used by the highest health authority of each member state. The EHO shall also disseminate regular national health surveys to the highest health authority of each member state, which must be answered as truthfully and honestly as possible, failure to do so may result in action by the European Council on behalf of the EHO. The EHO shall triangulate all data it collects from the national healthy surveys with the data it has collected from databases, as well as data collected from other sources the EHO deems appropriate, such as data ethically collected from and by other organizations, persons or parties. The EHO shall not transfer data from one member-states database information to another without explicit consent for each set of data transfered. The public health data of a member-state may only be used for EHO research, studies, etc. or by the member-state of its origin.AMENDMENT II - Proposed by Cllr. Falk
III. All data that is collected by the EHO shall remain anonymous with no identifying personal information. In need of information from a specific person the EHO may make a request to said individual(s) to obtain the information, the said person shall be informed of the request by the authorities of the member state. The requested individual (s) have the right not to consent to provide the information. The EHO shall not disclose or disseminate any identifying information of specific persons to the public or any governmental health authority.AMENDMENT III - Proposed by Cllr. Falk
I. The EHO shall be headquartered in the Free City of Europolis.
II. Each member state shall appoint a representative to the European Health Organization.
III. Representatives shall oversee the EHO operations that concern their member state of origin. They shall also represent their member state in all meetings of the EHO.
III.Representatives shall elect among them a Director of the organization every four years.The Commissioner for Internal Affairs shall appoint a director, and may remove them at any time they see fit. The Director of the EHO has no term length nor limit and serves at the pleasure of the Commissioner for Internal Affairs. The EHO Representatives may in extreme circumstances remove the EHO director via a supermajority vote as defined by the EU Council, until such time as the position is filled the EHO Representatives shall elect an interim director.
IV. The Director of the EHO shall be responsible for the day-to-day administration of the EHO and shall work in partnership with health authorities and governmental health departments as required.
V. The EHO shall fall under the Commission for Internal Affairs.
VI. The Commission for Internal Affairs, as well as the European Council and European Court of Justice, have the right to investigate any and all potential breaches of this act by the EHO or by member-states. Any breach of this act may result in a number of administrative actions, as well as legal actions undertaken by an appropriate jurisdiction.
VII. The European Biotechnology Advisory Board shall be administratively under the purview of the EHO for the purposes of funding and support. The European Biotechnology Advisory Board shall otherwise retain its independence. Board members of the EBAB may be the EHO Representatives concurrently if a member-state so wishes.
I vote FOR all amendments.
Edward Firoux
Council Speaker and Councillor for Inquista -
On behalf of the Kingdom of Spain, I vote FOR all amendments.
Donald D. Tusk
Councillor for Spain -
I vote FOR Amendments I and II and AGAINST Amendment III
Friedrich van Allen
Councilor, Kingdom of Reitzmag -
I vote FOR all amendments.
Carita Falk
Cllr. for the Archrepublic of Vayinaod -
On behalf of the Kingdom of Fremet, I vote FOR all amendments.
Charles Michel
Councillor for Fremet -
I vote FOR all amendments.
Francis Plessis
EU Councilor for Leagio -
I vote FOR Amendment I and II. I vote AGAINST Amendment III.
Kent Evergreen
European Councillor for The Malboryan Republic -
With 7 votes for, Amendments I and II have both PASSED. With 5 votes for and 2 against, Amendment III has also PASSED. The legislation has been amended accordingly.
Final voting begins now and will last until 10:00 GMT on July 20th, 2020.
On behalf of the Most Blessed State of Inquista, I vote FOR this Act.
Edward Firoux
Council Speaker and Councillor for Inquista -
On behalf of the Kingdom of Spain, I vote FOR this act.
Donald D. Tusk
Councillor for Spain -
On behalf of The Malboryan Republic, I vote FOR this act.
Kent Evergreen
European Councillor of The Malboryan Republic -
On behalf of the Archrepublic of Vayinaod, I vote FOR this act.
Carita Falk
Cllr. for the Archrepublic of Vayinaod -
On behalf of the Kingdom of Fremet, I vote FOR this act.
Charles Michel
Councillor for the Kingdom of Fremet -
On behalf of the Union of Duxburian Dominions, I vote FOR the Act.
Wesley Greene
Councillor of the Duxburian Union -
On behalf of the Commonwealth of Leagio, I vote FOR this act.
Francis Plessis
EU Councilor for Leagio