European Data Protection Digest

Parliamentary Study on Proposed Regulation Finds Room for Improvement

PRIVACY LAW—EU

September 27, 2012

The study "Reforming the Data Protection Package," authored by lawyers of the Polish firm Traple Konarski Podrecki and members of the European Legal Studies Institute in Osnabrück, Germany, was requested by the European Parliament's Committee on Internal Market and Consumer Protection. It analyses the European Commission's legislative proposal for a General Data Protection Regulation, which was published on 25 January, under four different aspects: mapping new technologies and services--such as geolocation services, cloud computing and smart metering; the internal market dimension--creating a level-playing field for all businesses active in the EU; strengthening consumer rights, and international data transfers. Whilst the study concludes that the legislative proposal represents an improvement in each of these four aspects, at the same time it highlights the shortcomings and weaknesses of the proposal in relation to each of them, providing a number of recommendations. "This study reflects in some parts criticism raised by industry regarding the proposal--for instance, in relation to the broad definition of personal data or the lack of incentives for the anonymisation or pseudonymisation of personal data--and will inform the decision-making process in the European Parliament," says partner Monika Kuschewsky, head of the European Data Protection practice of Van Bael & Bellis. (Registration may be required to access this story.) Editor’s Note: The upcoming IAPP Europe Data Protection Congress will include breakout sessions specifically focused on the EU’s data protection reforms.
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