Writing for the CDT Fellows Focus series, Omer Tene discusses the European Commission's plans to update the EU Data Protection Directive. In light of "the scope and pace of technological innovation over the past 40 years and its massive impact on the collection, storage and use of personal information," he writes, "it seems that an innovative mindset is needed to overcome some of the shortcomings of the current framework." He examines the directive's overall structure as well as the implications of regulation in multiple jurisdictions, lack of enforcement and the "challenging issue of consent." Going forward, he writes, the definition of personal data "will remain an amorphous notion, consent a treacherous concept and enforcement problematic."
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