European Parliament rapporteurs presented yesterday, according to a press release of the European Commission, two draft reports on the reform of the EU’s data protection rules proposed by the European Commission just a year ago (see IP/12/46 and MEMO/12/41). In their reports, Jan-Philipp Albrecht, rapporteur for the proposed Data Protection Regulation for the Civil Liberties, Justice and Home Affairs Committee (LIBE) of the European Parliament, and, Dimitrios Droutsas, rapporteur for the proposed Data Protection Directive for the law enforcement sector, express their full support for a coherent and robust data protection framework with strong end enforceable rights for individuals. They also stress the need for a high level of protection for all data processing activities in the European Union to ensure more legal certainty, clarity and consistency.
Some of the key points of the rapporteurs’ reports include:
- The need to replace the current 1995 Data Protection Directive with a directly applicable Regulation. A single set of rules on data protection, valid across the EU will remove unnecessary administrative requirements for companies and can save businesses around €2.3 billion a year.
- The support in principle for the Commission’s proposal to have a “one-stop shop” for companies that operate in several EU countries and for consumers who want to complain against a company established in a country other than their own. To ensure consistency in the application of EU data protection rules, the European Parliament rapporteur wants to create a powerful and independent EU data protection agency entrusted with taking legally binding decisions vis-à-vis national data protection authorities.
- Support for the strengthening of users’ rights: they encourage the use by companies of pseudonymous and anonymous data; they further propose strengthening the concept of explicit consent for data to be legally processed by asking companies to use clear and easily comprehensible language (also with regards to privacy policies); the ‘Albrecht-report’ proposes further reinforcing the “right to be forgotten” (the right to erase one’s data if there are no legitimate grounds to retain it) by asking companies which have transferred data to third parties without a legitimate legal basis to make sure these data are actually erased.
- The European Parliament rapporteurs agree with the European Commission’s proposal that EU rules must apply if personal data of individuals in the EU is handled abroad by companies which are not established in the Union. According to the amendments proposed it would be sufficient that a company aims at offering its goods or services to individuals in the EU. An actual payment from the consumer to the company is not needed to trigger the application of the data protection regulation.
- The European Parliament rapporteurs stress the need to have independent national data protection authorities which are well-equipped to better enforce the EU rules at home. The ‘Albrecht-report’ provides guidance as to the staffing and resourcing of these authorities and welcomes the Commission’s proposal to empower them to fine companies that violate EU data protection rules.
- On the delegated acts foreseen in the Regulation (also known as ‘Commission empowerments’ or acts which ensure that if, in practice, more specific rules are necessary, they can be adopted without going through a long legislative process): the European Parliament rapporteur wants to drastically reduce the number of delegated acts by including, among others, more detailed provisions in the text of the Regulation itself. The European Commission has recently shown its openness to such an approach (see SPEECH/12/764).
- On the Directive that will apply general data protection principles and rules to police and judicial cooperation in criminal matters, the rapporteur agrees with the Commission’s proposal to extend the rules to both domestic and cross-border transfers of data. The report also aims to strengthen data protection further by enhancing individuals’ rights, giving national data protection authorities greater and more harmonised enforcement powers and by obliging them to cooperate in cross-border cases.
The European Parliament’s LIBE Committee will discuss the draft reports on 10 January.
The European Commission will continue to work very closely with the rapporteurs of the European Parliament and with the Council to support the Parliament and the Irish EU Presidency in their endeavour to achieve a political agreement on the data protection reform by the end of the Irish Presidency.
See the entire press release: http://europa.eu/rapid/press-release_MEMO-13-4_en.htm