LCD's Press release re the changes that the Government want to the DP Directive; the Directive has to change so that Member States can change the legislation Dr. Chris Pounder Consultant & Editor of Data Protection & Privacy Practice Information & Technology Group Masons - International Law Firm DDI: +44(0)20 7490 6605 Fax: +44(0)20 7490 2545 E-mail:[log in to unmask] Post-mail: 30 Aylesbury Street, London EC1R 0ER, UK www.masons.com www.out-law.com 305/02 16 September 2002 GOVERNMENT RESPONDS TO EUROPEAN COMMISSION'S QUESTIONNAIRE ON EC DATA PROTECTION DIRECTIVE The government has submitted to the European Commission the final part of its response to the Commission's questionnaire on the implementation of the 1995 EC Data Protection Directive. The government has identified those provisions of the Directive which it believes the Commission should review. The government has also joined with Sweden, Finland and Austria to make proposals for review. The government believes now is a good time to review the implementation of the Directive in the light of rapid developments in technology. The aim is to improve the Directive's flexibility and effectiveness while safeguarding protection for individuals' personal data. The government's response includes the following points: · The Commission should review the definitions of "personal data" and "personal data filing system" in order to make them more precise and capable of being applied consistently in practice; · The Commission should review Article 4 of the Directive which determines the member states' law that applies to the processing of personal data; /more · The Commission should review the way "sensitive data" is defined in the Directive and the application of the special rules relating to them. It is important that EU citizens are satisfied that there is stronger protection in practice for their most sensitive data. The Directive currently defines sensitive data according to particular categories which do not necessarily reflect the sensitivity of the data in practice; · The Commission should review the subject access arrangements in the Directive to ensure that they strike the right balance between the interests of data subjects and those of data controllers. But this must be done in such a way as not to reduce effective protection for the legitimate interests of data subjects; · The Commission should review the Directive's rules relating to the transfer of personal data to third countries and bring forward simpler and more flexible arrangements; · The response reflects the results of consultation undertaken by the government two years ago. Yvette Cooper, Parliamentary Secretary at the Lord Chancellor's Department with ministerial responsibilities for data protection, said: "Data protection is vital for individuals' privacy in the world of modern technology. But technology is changing fast and this is a good time for the Commission to review the implementation of the Directive to ensure effective data protection is keeping pace with technological change." Notes to Editors 1. The Data Protection Act 1998 implements the 1995 EC Data Protection Directive into UK law. 2. The Data Protection Act is enforced in the United Kingdom by the Information Commissioner, who is independent of government. The current Information Commissioner, Elizabeth France, stands down at the end of September. Her successor Richard Thomas will take over at the beginning of December. 3. In May the European Commission issued a questionnaire to EU member states about the implementation of the Data Protection Directive. The government sent the first part of its response to the European Commission in June. It is available on the LCD website: www.lcd.gov.uk /more 4. The present paper completes the government's response. It draws on the responses to the government's post-implementation appraisal of the 1998 Act which it carried out in autumn 2000. It published a summary of the responses in December 2001. 5. The response will be published on the website: www.lcd.gov.uk ENDS ******************** E-mail confidentiality notice ******************** This message is intended for the addressee only. It is private, confidential and may be covered by legal professional privilege or other legal or attorney/client privilege. If you have received this message in error, please notify us and remove it from your system. If you require assistance, please contact our London office (telephone +44 (0) 20 7490 4000). Masons is an international law firm with offices in London, Bristol, Edinburgh, Glasgow, Leeds, Manchester, Brussels, Dublin, Hong Kong, Guangzhou and Singapore. 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