Privacy Advisor

Global Privacy Dispatches- EU- Data Collection and Storage

March 1, 2008

By Michael Spadea

French to Challenge U.S. on Require-ments to Collect and Store Data

The French data protection regulator (CNIL) issued a statement that it will seek an EU-wide resolution addressing the conflicting U.S. and EU legal requirements on the collection, retention and transfer of data in response to litigation holds, pre-trial discovery, U.S. regulator injunctions to retain or transfer data, and the "criminalization of information destruction". U.S. requirements often conflict with EU data protection laws. The CNIL will raise this issue through the Article 29 Working Party. The U.S. Department of Commerce and EU data protection authorities are in talks to deal with these conflicting requirements on U.S. and EU companies.


Michael Spadea is a Privacy Attorney at Barclays Bank, Plc, based in London. He may be reached at michael.spadea@barclays.com.