For the first time since the European data protection legislative reform started, all three key institutions involved in the process - the European Commission, the EU Parliament and the Council of the
For the first time since the European data protection legislative reform started, all three key institutions involved in the process - the European Commission, the EU Parliament and the Council of the EU - appear to be publicly engaged with each other and on course to adopt a General Data Protection Regulation within the current legislature. Whilst the formal trialogue will not start for a few weeks, recent announcements by the Council and the Commission show that they are preparing themselves for action in anticipation of the Parliament voting through its first draft of the proposed Regulation.
Commissioner Reding's remarks at the end of Justice Council meeting this week, at which she represented the European Commission, summarise the current situation and reveal where the challenges are. She was certainly grateful to the Irish Government for the efforts of the last few months whilst at the helm of the Council to steer the process in the right direction. For Reding the principal areas of focus in the reform of the current regime are the replacement of a patchwork of 27 contradictory national rules (her words, not mine) with a single law, the modernisation of the existing principles, and the strengthening of the rights of individuals. By and large, the Commissioner seems to think that the Council is properly addressing these areas, but there is perhaps an element of doubt in respect of what she calls the "absolute red line" below which she is not prepared to go: the current level of protection as laid down in the 1995 Directive. In other words, Reding's obvious fear is to end up with a new law that does not match the standards of the existing one.
Without a doubt, the Parliament's draft will ensure that such an outcome is out of the question. How restrictive the Parliament's preferred position will be is yet to be seen but we can assume that the emphasis will be on putting people in control of their own data. Whatever the positions of the Council and the Parliament, something that Reding is already predicting is the need to step up the pace of the dialogue so that any gaps can be addressed sooner rather than later.
So the question remains: will the European institutions be able to agree the final version of the Regulation before the end of the current Parliament in 2014? Sceptical views have popped up here and there in recent times but both the rhetoric and the actions of the key players confirm their commitment to finding a way forward. Time will tell but at the moment and despite the crucially important and numerous issues that will need to be agreed, there is will to devise the right framework. Frankly, sticking for much longer with what we have today would ultimately be more damaging for all.
Commissioner Reding's remarks at the end of Justice Council meeting this week, at which she represented the European Commission, summarise the current situation and reveal where the challenges are. She was certainly grateful to the Irish Government for the efforts of the last few months whilst at the helm of the Council to steer the process in the right direction. For Reding the principal areas of focus in the reform of the current regime are the replacement of a patchwork of 27 contradictory national rules (her words, not mine) with a single law, the modernisation of the existing principles, and the strengthening of the rights of individuals. By and large, the Commissioner seems to think that the Council is properly addressing these areas, but there is perhaps an element of doubt in respect of what she calls the "absolute red line" below which she is not prepared to go: the current level of protection as laid down in the 1995 Directive. In other words, Reding's obvious fear is to end up with a new law that does not match the standards of the existing one.
Without a doubt, the Parliament's draft will ensure that such an outcome is out of the question. How restrictive the Parliament's preferred position will be is yet to be seen but we can assume that the emphasis will be on putting people in control of their own data. Whatever the positions of the Council and the Parliament, something that Reding is already predicting is the need to step up the pace of the dialogue so that any gaps can be addressed sooner rather than later.
So the question remains: will the European institutions be able to agree the final version of the Regulation before the end of the current Parliament in 2014? Sceptical views have popped up here and there in recent times but both the rhetoric and the actions of the key players confirm their commitment to finding a way forward. Time will tell but at the moment and despite the crucially important and numerous issues that will need to be agreed, there is will to devise the right framework. Frankly, sticking for much longer with what we have today would ultimately be more damaging for all.