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BackThis week, the rapporteur in the European Parliament presented his draft report on the EU Data Protection Regulation. Almost a year has passed since the Commission presented its proposal. The European Parliament took its time to get a clear picture. According to the Green MEP and rapporteur Jan Philipp Albrecht “The new EU Regulation will strengthen the rights of consumers”. However, the focus is also clearly on the often neglected, very important protection of employee data. The negotiations in the European Parliament have just begun. The aim is to achieve agreement with the Council by the end of the legislative period.
Albrecht demands high level of protection with regard to data processing
The goals of the rapporteur in the European Parliament are ambitions. He wants to create a completely coherent, harmonised and robust legal framework, which ensures a high level of protection with regard to all data processing activities in the EU. His draft report is more than 200 pages long, which initially have to be analysed. Important and a decisive factor in this debate is the objective to ensure that the Data Protection Regulation will directly apply in all EU Member States without requiring an act of transposition. Hence, Member States will not be able to weaken or strengthen data protection laid down by the Regulation through national provisions.
Albrecht: threshold for mandatory data protection supervisors shall be increased
Experts have been warning for some time that the Regulation would weaken data protection insofar as the current draft for example would provide for an internal data protection officer and internal documentation requirements only for companies employing more than 250 members of staff. Hence, smaller companies would not be required to guarantee appropriate data protection. In this report, the rapporteur even increases the threshold to 500! In Germany alone, the rapporteur’s native country, this would represent a huge step backwards compared to the current legal situation. The rapporteur justifies his suggestion by explaining that the threshold for the mandatory appointment of a data protection officer would not be based on the size of the enterprise, but on the relevance of data processed. This includes the categories of processed personal data, the type of processing activities and the number of persons, whose data is being processed. It remains to be seen whether his opinion will prevail. This is a very relevant point, in particular employees, which surely will not be left unchallenged.
Negotiations complete in 2014 at the earliest
It is still too early to predict whether the proposals will be heard and supported. Given the fact that the rapporteur is already prepared for negotiations to last to the end of the legislative period 2014, a quick solution is highly unlikely.
Further information:
AK EUROPA Position Paper on Data Protection Regulation
Draft report of the European Parliament on Data Protection Regulation
The goals of the rapporteur in the European Parliament are ambitions. He wants to create a completely coherent, harmonised and robust legal framework, which ensures a high level of protection with regard to all data processing activities in the EU. His draft report is more than 200 pages long, which initially have to be analysed. Important and a decisive factor in this debate is the objective to ensure that the Data Protection Regulation will directly apply in all EU Member States without requiring an act of transposition. Hence, Member States will not be able to weaken or strengthen data protection laid down by the Regulation through national provisions.
Albrecht: threshold for mandatory data protection supervisors shall be increased
Experts have been warning for some time that the Regulation would weaken data protection insofar as the current draft for example would provide for an internal data protection officer and internal documentation requirements only for companies employing more than 250 members of staff. Hence, smaller companies would not be required to guarantee appropriate data protection. In this report, the rapporteur even increases the threshold to 500! In Germany alone, the rapporteur’s native country, this would represent a huge step backwards compared to the current legal situation. The rapporteur justifies his suggestion by explaining that the threshold for the mandatory appointment of a data protection officer would not be based on the size of the enterprise, but on the relevance of data processed. This includes the categories of processed personal data, the type of processing activities and the number of persons, whose data is being processed. It remains to be seen whether his opinion will prevail. This is a very relevant point, in particular employees, which surely will not be left unchallenged.
Negotiations complete in 2014 at the earliest
It is still too early to predict whether the proposals will be heard and supported. Given the fact that the rapporteur is already prepared for negotiations to last to the end of the legislative period 2014, a quick solution is highly unlikely.
Further information:
AK EUROPA Position Paper on Data Protection Regulation
Draft report of the European Parliament on Data Protection Regulation