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Image header Agence Europe
Europe Daily Bulletin No. 10570
SECTORAL POLICY / (ae) jha

Gaps in Reding's data protection proposals

Brussels, 08/03/2012 (Agence Europe) - Peter Hustinx, the European Data Protection Supervisor (EDPS), welcomed, on Wednesday 7 March, the work on recasting the 1995 directive on data protection, presented by Commissioner Viviane Reding on 25 January. He drew attention, however, to a number of weaknesses. The review of this more than 17-year old framework is “welcome”, Hustinx said, since it will strengthen the protection of internet users and make provision for sanctions against companies that do not operate to the highest standards. The new framework, formed by a regulation and a directive on data protection in police cooperation, lacks coherence, however, Hustinx said. The rules will not apply to the European institutions, he pointed out, wondering about this lack of internal logic. There is no great coherence, either given the number of possible derogations, including in police matters. The EDPS is also concerned at the extent of the latitude that member states have been given to grant derogations on the grounds of general interest. He would also like to see a much clearer definition of this “general interest” and of circumstances that can be used to justify exemptions, currently seeing only a series of indistinct grounds that will allow the standards not to be applied. Hustinx equally had difficulty understanding the impact that these new rules will have on international data transfer agreements, such as the PNR agreements with the United States and Australia. He also questioned the powers the European Commission has given itself, such as being able to overturn a decision made by a national data protection authority. The EDPS calls on the Commission to take a more measured approach and to intervene only when there has been a clear breach of European rules. (SP/transl.rt)

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