(LONDON) Could the European Court of Justice’s May 13, 2014 Google Spain decision delay the adoption of the EU Data Protection Regulation? In the Google Spain “Right to be Forgotten” case, the ECJ held that Google must remove links to a newspaper article containing properly published information about a Spanish individual on the basis that the information is no longer relevant. The Google Spain decision has given a much sharper focus to the discussion about the Right to be Forgotten that may soon be adopted as part of the new Data Protection Regulation that is expected to be passed sometime in 2015. With the advent of the Google Spain decision, an issue that was on the sideline for most businesses – and which was expected by some to be quietly dropped from the draft Data Protection Regulation – has become a hot political issue. The Right to be Forgotten as interpreted by the ECJ has garnered international attention, deepened the … [Read more...] about Google, the House of Lords and the timing of the EU Data Protection Regulation
Eu data directive
Data Protection Day 2014 (January 28) aims to raise awareness around what kind of data is collected about individuals, how it is used and why. In marking this year’s Data Protection Day, Vice-President Viviane Reding, the EU Justice Commissioner, is calling for “ a new data protection compact for Europe .” Reding continues to focus on EU data protection reform, with the objective of the swift adoption of the current draft Regulation and believes it should be “ full speed on data protection in 2014.” If adopted, the European Commission proposals will serve as a comprehensive reform of the EU 1995 Data Protection Directive, with the aim of strengthening data privacy and thereby boosting Europe’s digital economy. To become law, the draft Regulation must be adopted by the European Parliament, which is expected to adopt the proposals in first reading in the April 2014 plenary session, the Council of the EU and the European Council. This … [Read more...] about Full Speed Ahead for (European Union) EU Data Protection Reform
Recent news on both sides of the Atlantic has included considerable commentary on the issues of data privacy and international data flows. With an important vote on the issue due to take place in the EU Parliament next month, now seems like a good time to bring readers up to date with progress on the proposed draft General Data Protection Regulation (the "Regulation"). This legislation (once adopted by the EU) will provide the superstructure to its approach to the challenges of data privacy in the 21st Century.The European Commission published its reform proposals for EU data protection law in January 2012. These reforms are intended to replace the current Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data (the "Data Protection Directive" or the "Directive").The reforms are chiefly embodied in a draft Regulation which is currently making its way through the EU's legislative process (albeit not at a … [Read more...] about The Draft EU Data Protection Regulation: Where Are We Now, and Where Are We Going?
On December 15, 2015, the European Commission announced that an agreement has been reached with the European Parliament and the Council (the “trilogue” meetings) regarding the Commission’s sweeping 2012 EU Data Protection Reform proposal. The legislation was adopted by the European Parliament’s Civil Liberties, Justice and Home Affairs (“LIBE”) committee on December 17. The reform package, which consists of a General Data Protection Regulation (“GDPR”) and a Data Protection Directive for Police and Criminal Justice Authorities, updates and replaces the Data Protection Directive (Directive 95/46/EC) and 2008 Framework Decision, and is intended to provide a comprehensive data protection regime for the entire EU. The reforms will give European consumers new rights and control over their personal information, and impose new obligations on businesses. While some of the new measures will serve to make the system less … [Read more...] about Agreement Reached on Landmark EU Data Protection Reform
Data is a big thing. No, I’m not talking about “big data”, which is something related but different. I am referring to data of all sorts; from your dental bills to databases of the IRS.As information technology has evolved (and is evolving) to unprecedented levels and the discourse of data and information has become widespread due to the proliferation of websites; data protection and privacy is the hot topic of debate today.The web is expanding as you are reading this article. The web has become entangled with apps, networks, information and data. Posting information on the web has been never been easier. From birthday wishes to death threats; from school reports to medical diagnosis; the web accounts almost every dimension of human life. But much easier is it, to copy and circulate information than to create it in the web.This calls for stringent data protection laws across all services of the internet.Most jurisdictions have evoked data protection and privacy laws. … [Read more...] about Three Things India Needs to Learn from EU Data Protection Laws