European Commission to Reform Data Protection Framework
The European Commission (EC) has proposed a new data protection framework seeking to streamline existing directives and strengthen individuals’ online privacy rights. Titled “Safeguarding Privacy in a Connected World: A European Data Protection Framework for the 21st Century,” the proposed regulations would provide “a single set of rules” within the European Union (EU) and also apply to companies “active in the EU market” that handle personal data abroad.
In particular, the framework would stipulate “increased responsibility and
accountability for those processing personal data” such as names, photos,
information posted on social networking sites, or computer IP and email
addresses. Under the proposed rules, companies must obtain explicit user
consent to gather personal data and must report within 24 hours (or as soon
as possible) any security breach to a national supervisory authority, which
“will be empowered to fine companies that violate EU data protection rules…
up to €1 million or up to 2% of the global annual turnover of a company.” In
addition, the framework would expand consumer rights by granting individuals
“easier access to their own data” as well as the ability to “transfer personal
data from one service provider to another” or “delete their data if there are no
legitimate grounds for retaining it.”
“The protection of personal data is a fundamental right for all Europeans, but citizens do not always feel in full control of their personal data. My proposals will help build trust in online services because people will be better informed about their rights and in more control of their information,” EU Justice Commissioner Viviane Reding told media sources. “The reform will accomplish this while making life easier and less costly for businesses. A strong, clear and uniform legal framework at the EU level will help to unleash the potential of the digital single market and foster economic growth, innovation and job creation.” See The Wall Street Journal, January 23, 2012; EC Press Release, Memo and FAQs, January 25, 2012; The Parliament.com, January 26, 2012; Guardian Professional, January 27, 2012.
