EU: Proposals for the protection of personal data finally published by the European Commission (the “Commission”)

January 12, 2010

Key objectives which will provide the framework for the EU’s revised protection of personal data legislation.

The key objectives are those of: strengthening individuals’ rights; protecting sensitive data; making remedies and sanctions more effective; enhancing the single market dimension; ensuring high levels of protection of data transferred outside the EU and, more effective enforcement of the rules.

The flow of information, in the employment and international data transfers contexts are covered and also included is what should happen when data is transferred internationally, that is outside the EEA.

The proposals are currently only at a very high level and do not provide specifics, however, it is intended that draft legislation will be published in 2011 which will provide details on how the proposals will be put into effect.

Commentary

While it is difficult to comment without seeing the detail, the Commission’s proposals do seem to address the key broader issues.  The proposal to simplify and harmonise rules across Europe will be eagerly anticipated as will clarification of the conditions for obtaining an individuals’ consent.

Resources

European Commission proposal – A comprehensive approach on personal data protection in the European Union

For further information or to discuss the issues raised, please contact Guy Abbiss (guy.abbiss@abbisscadres.com) or Stephen Wright (stephen.wright@abbisscadres.com) on
+44 20 3051 5711.

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