In an interview with the Washington Post, Viviane Reding, the EU Justice Commissioner, gave more indications about what we can expect from the tougher European regime that is in the pipeline.The key
In an interview with the Washington Post, Viviane Reding, the EU Justice Commissioner, gave more indications about what we can expect from the tougher European regime that is in the pipeline.
The key points are:
* "Our reforms are aimed at getting rid of the fragmentation and providing consistency and coherence for the whole of the continent". This is the clearest sign yet that we can expect a Regulation directly applicable in all Member States, as opposed to a Directive, which is subject to national implementation.
* "Self-regulation can be little more than a fig leaf. It works only if there is strong, legally binding regulation in the first place". Not only tougher substantive rules, but also more heavy-handed regulation are likely to be on their way. If so, we can expect more disputes and litigation.
* "We do have a set of rules today that is not always applied and controlled in the way it should be. That has led to fragmentation and different interpretations of the rules". The proposals may also include a mechanism to ensure at least some degree of consistency in the application of data protection rules across Member States; a supra-national data protection regulator perhaps?
* "It is clear that every citizen has a right to their own data. Before a company can use your data they should ask for permission. This is a basic rule of the European Union". As expected, the new instrument will attempt to further empower consumers, particularly by imposing a requirement for explicit consent before their data are used and by introducing a right to have their data deleted at any time.
* "Data breaches is one of the questions that is very high on the agenda [...] We will extend the telecom rules to the Internet". As expected, the mandatory breach notification obligations currently applying to Telcos and ISPs will be extended to internet services, online traders and private-sector medical records, and possibly to the broader economy.
The interview can be found here: http://www.washingtonpost.com/blogs/post-tech/post/qanda-eu-chief-privacy-regulator-on-new-internet-rules/2011/11/15/gIQAOeZzRN_blog.htm
The key points are:
* "Our reforms are aimed at getting rid of the fragmentation and providing consistency and coherence for the whole of the continent". This is the clearest sign yet that we can expect a Regulation directly applicable in all Member States, as opposed to a Directive, which is subject to national implementation.
* "Self-regulation can be little more than a fig leaf. It works only if there is strong, legally binding regulation in the first place". Not only tougher substantive rules, but also more heavy-handed regulation are likely to be on their way. If so, we can expect more disputes and litigation.
* "We do have a set of rules today that is not always applied and controlled in the way it should be. That has led to fragmentation and different interpretations of the rules". The proposals may also include a mechanism to ensure at least some degree of consistency in the application of data protection rules across Member States; a supra-national data protection regulator perhaps?
* "It is clear that every citizen has a right to their own data. Before a company can use your data they should ask for permission. This is a basic rule of the European Union". As expected, the new instrument will attempt to further empower consumers, particularly by imposing a requirement for explicit consent before their data are used and by introducing a right to have their data deleted at any time.
* "Data breaches is one of the questions that is very high on the agenda [...] We will extend the telecom rules to the Internet". As expected, the mandatory breach notification obligations currently applying to Telcos and ISPs will be extended to internet services, online traders and private-sector medical records, and possibly to the broader economy.
The interview can be found here: http://www.washingtonpost.com/blogs/post-tech/post/qanda-eu-chief-privacy-regulator-on-new-internet-rules/2011/11/15/gIQAOeZzRN_blog.htm