European Data Protection Supervisor, Peter Hustinx, is spoke at a March 27 event organized by American Chamber of Commerce in France and sponsored by Hogan Lovells.
The main ideas of his speech:
- Main reasons for the need of a new data protection regulation:
1. there is a need to update the current framework
2. the current framework have given rise to increasing diversity, complexity and we have ended up with 27 versions of same basic principles and that is simply too much
3. a new constitutional institutional framework, the Lisbon Treaty, that entered into force with a strong emphasis among fundamental rights, among them the right to data protection
- The new regulation is stronger, more effective, more consistent and more comprehensive.
- The exchange of data from private to public sectors is increasing, and will have some practical consequences [this is why the EDPS criticizes the new Directive destined for the judicial collection of data].
- Ideas about the Regulation:
1. in spite of all the innovations, there is a lot of continuity; all the basic concepts will continue to exist.
2. innovation comes mainly in making it work in practice, by strengthening the role of the people.
3. data subject’s rights have been confirmed and extended; there is more emphasis in transparency.
4. the biggest emphasis is on the responsibility of big organizations
5. Legal security has been enhanced. There is an enormous amount of simplification.
6. The international dimensions of this regulation: The scope of the regulation has been clarified and extended. This provisions apply when from outside, a third country, services are delivered on the European market or when the behavior of Europeans is monitored. I think this is a realistic approach.
- Overall, it is very welcomed proposal. The criticism I issued relates more to the directive.