Tag Archives: European Parliament

European Commission Drafts to Reform the EU Data Protection Framework Enter Interservice Consultation

In early December 2011, drafts of two legal instruments prepared by DG Justice of the European Commission to reform the EU data protection framework entered interservice consultation. This process will give other Directorates-General of the Commission the opportunity to comment on the drafts before they are formally released as legislative proposals; accordingly, changes to the drafts are likely. Following this comment period, the drafts will enter the EU legislative process, which is likely to take at least two to three years before they become law. It is believed that Justice Commissioner and Commission Vice-President Viviane Reding will formally announce final versions of the drafts at an appearance at the World Economic Forum in late January 2012.

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European Parliament Meeting Offers Update on Review of EU Data Protection Directive

On March 16, 2011, a meeting of the “European Privacy Platform” group of the European Parliament was held in Brussels.  The meeting provided important insights into the likely structure and content of proposed revisions to the European Data Protection Directive 95/46/EC that the European Commission has been working on for the past several months.

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European Parliament Rejects the SWIFT Agreement

On February 11, 2010, the plenary of the European Parliament rejected by a vote of 378 to 196 the agreement reached in 2009 between the EU and the U.S. to allow access by U.S. law enforcement authorities to the payment database of the financial consortium SWIFT.  The agreement had been negotiated between the EU Council of Ministers and the European Commission with the U.S. government to allow continued access to the database, a mirror copy of which had been moved by SWIFT from the U.S. to Europe.  With the Lisbon Treaty’s entry into force, the Parliament gained new powers to approve measures affecting law enforcement and civil liberties, and a number of members of the Parliament have expressed concern regarding the level of data protection provided for in the agreement.  According to news reports, several top U.S. government officials (including Secretary of State Hillary Rodham Clinton and Treasury Secretary Timothy Geithner) had been lobbying the European Parliament to approve the agreement, on the grounds that it was essential to fight terrorism in both the U.S. and Europe.

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UK Airports Implement Compulsory Use of Full Body Scanners

On February 1, 2010, it became compulsory for randomly selected passengers at Heathrow and Manchester airports in the UK to pass through full body scanners before boarding their flights.  This enhanced security screening has been implemented following the attempted Christmas Day terrorist attack at the Detroit airport in the United States, after which the British government announced that it would begin mandatory body scanning at all UK airports.  The move has raised concerns about the excessive collection of personal data.

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Changes to e-Privacy Directive Approved by European Parliament

On November 24, 2009, the European Parliament formally approved the European Union’s telecoms reform package.  This reform proposed by the European Commission in November 2007 consists of various different EU Directives that set-up the legal framework applicable to the electronic communications sector (telecoms) and includes a new e-Privacy Directive.

New provisions of the e-Privacy Directive will strengthen the protection of privacy and personal data in the electronic communication sector and includes the following:

  • mandatory notification for personal data breaches applicable to electronic communication services providers (e.g., telecom providers and ISPs);
  • new regulations on cookies;
  • clarification of the scope of the e-privacy Directive; and
  • enhancement of the right of actions against spam.

The amendment to the e-Privacy Directive seems to be final now and the telecoms package will be signed by the presidents of the European Parliament and Council.  The telecoms reform package will then most likely be enacted with its publication in the EU’s Official Journal on December 18, 2009.  EU Members States will be required to implement the new legislation into their national law by June 2011.

View the press release by the European Commission.

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European Parliament Adopts Position on Data Breach Notification Requirement for Telecoms and ISPs

On May 6, 2009, the proposed amendments to the e-Privacy Directive received a second reading in the European Parliament.  In addition to other measures, it will include a definition of “personal data breach” and will introduce a data breach notification requirement. 

The review of the e-Privacy Directive forms part of a wider review of telecoms legislation.  The objective of that review is to improve network security and integrity, to increase protection for user personal data and to improve measures to prevent spam and “cyber attacks.”  The scope of the amended Directive will include the processing of personal data in connection with the provision of publicly available electronic communications services in public communications networks within the European Community, including public communications networks supporting data collection and identification devices.

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