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The European Union And Persona Data Protection

1742 words - 7 pages

Nowadays, more people give away their personal information on social networks without realizing the potential threats. Under EU law, personal data is defined as ‘any information relating to an identified or identifiable natural person.’ While under Article 8 ECHR, there is a fundamental right for the privacy of your life. The Directive 95/46/EC sets a landmark in the history of data protection within the EU. In January 2012 the Commission drafted a proposal for new rules regarding data protection in order to replace the Data Protection Directive. While Directive 95/46/EC will be replaced by the new regulation on data protection, a new directive will replace the ‘Framework Decision’. The proposed Directive on data protection, aims to harmonize the current data protection law in all Member States. Also, one of the Data Protection Regulation goals is to give people more control over their data and make sure that their information is being protected. The Commission proposed a regulation instead of a directive because a regulation is applicable to all Member States without the need for individual, national implementation. This essay is structured as followed. The first part of the essay provides explores the background of data protection, to give a better understanding of the subject. The second part will focus on the justification of the reformation of Directive 95/46/EC. The third part of the essay explains the proposed regulation from the Commission and the response of the European Parliament. The final part will discuss the advantages and disadvantages of the proposed regulation and will focus on the differences of the new ‘Directive’ with the ‘Framework Decision.’

Background of Data Protection

Under Article 8 of the ECHR, everyone has the right for privacy ‘and family life, his home and his correspondence.’ The EU Data Protection Directive 95/46/EC was adopted in 1995 and provided a supervisory framework, in order to secure the personal data of individuals across Europe. In addition, it was set up to protect the personal information of all EU citizens wherever it is stored, processed or transmitted. However, the directive of 1995 did not apply to the EU’s ‘third pillar’ matters, concerning the police and criminal law. Therefore, years later in 2008, the Council adopted the ‘Framework Decision’ , which specifically referred to the protection of data in reference to police and judicial co-operation in criminal issues. The EU Data Protection Directive sets out specific information on the requirements of the data that an organization may want in order to process in other Member States. The aim for the adoption of this directive was to harmonize the data protection rules on a national level, ‘in order to remove the obstacles to flows of personal data, the level of protection of the rights and freedoms of individuals with regard to the processing of such date must be equivalent in all Member States.’ However, if a Member State had already...

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