Paul
You wrote:
<<As I understand it. EU Directives are exactly what they state they are i.e.
directives. It is left to the EU Member States to incorporate the
requirements into national law (EU Directives are binding so I believe the
EU Member States must do this). The Data Protection Act 1998 is a case in
point, it incorporates the requirements of the EU Data Protection Directive
95/46/EC. Perhaps one of the legal people in the group can say which EU
Directive takes precedence?>>
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EC Directives never contradict each other - honest.
A Directive is directly applicable (but only to a public body or someone or a
company undertaking public duties) in any case where the domestic law brought
in to enforce the Directive is inadequate to meet the requirements of the
Directive itself, or where a delay in implementing the domestic law means the
Directive is not met by the specified date.
So if for example the DPA98 had not been in place by October 23 1998, and
someone was adversely affected by the inadequacy of the DPA84 - say a new
manual process was started or a new company started processing a blacklist of
tenants during that time - they could apply for recompense via the European
Courts. They could not require the Court to enforce UK legislation but they
could receive compensation.
If the current DPA98 is found to be lacking in any area compared with the
Directive 95/46/EC an individual could seek compensation and the court might
make a ruling on the inadequacy and it is probable that the UK law would be
strengthened.
Ian Buckland
MD
Keep IT Legal Ltd
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