data protection

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On 12 March 2014, the European Parliament voted in favour of the revised draft EU Data Protection Regulation.  To become law the proposed Regulation must be adopted by the EU Council using the "ordinary legislative procedure".  The EU Council is due to meet in June 2014.

Background

The proposed Regulation was originally presented by the European Commission on 25 January 2012.  It has been the subject of voracious debate both in Brussels and across the EU, and has been subject to much re-drafting.   
 Continue Reading European Parliament Approves Draft EU Data Protection Regulation

The Advocate General of the Court of Justice of the European Union (CJEU) has delivered an Opinion that the Data Retention Directive 2006/24/EC (Directive) is incompatible with the Charter of Fundamental Rights. However, the Advocate General proposed that the effects of the finding of invalidity should be suspended in order to enable the EU legislature to adopt, within a reasonable period, the measure necessary to remedy the invalidity found to exist.Continue Reading Data Retention Directive is incompatible with the Charter of Fundamental Rights

The European Commission has published Communications on Rebuilding Trust in EU-US Data Flows and on the Functioning of Safe Harbor. The Communications were released as a result of deepening concerns following the allegations of widespread access by U.S. intelligence agencies to personal data.

 The European Commission has called for action in six areas, including:-  

  1. Adoption of the EU’s draft Data Protection Regulation by Spring 2013;
  2. Improvement of the functioning of the Safe Harbour scheme (which provides a legal basis for the transfers of personal data from the EU to companies in the U.S. for commercial purposes);
  3. Swift conclusion of the current negotiations on the "umbrella agreement" for transfers and processing of data in the context of police and judicial co-operation;
  4. Use by the U.S. administration of the existing Mutual Legal Assistance and Sectoral agreements, whenever transfers of data are required for law enforcement purposes;
  5. Extension of the legal safeguards available to U.S. citizens to EU citizens, not resident in the U.S; and
  6. Accession by the U.S. to the Council of Europe’s Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (as it acceded to the 2001 Convention on Cybercrime).

Continue Reading European Commission calls for restoration of trust in EU-U.S. data flows