Proposed Amendment To EU Data Protection Regime

Author:Mr Lorcan Tiernan and Sinéad O'Loghlin
Profession:Dillon Eustace
 
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A major overhaul of current EU data protection rules is currently being proposed by the European Commission. In this regard, the European Commission presented in January 2012 a legislative package to improve data protection rights within the EU, ("the Data Protection Reform Package"). The Data Protection Reform Package comprises of a draft Directive and draft Regulation. The reforms are chiefly embodied in the draft Regulation.

Updated Requirements

The key proposals under the Data Protection Reform Package are:

The right to be forgotten

A person can request that their data be deleted if they no longer want it to be processed and there are no legitimate reasons for holding such data.

Explicit Consent

A company could process personal information only after obtaining clear permission from the person who could withdraw his/her consent at any time.

Profiling

Profiling is defined as automated analysis of personal data to predict behaviour. This practice can only be carried out in certain limited circumstances.

Data Portability

A person would have the right to request a copy of all his/her data in electronic form to be transferred to another provider.

Clear and plain language

Data controllers should use clear, plain language adapted to the data subject.

Data Protection Officer

Companies employing at least 250 employees would be required to appoint a Data Protection Officer.

The European Parliament's Committee on Civil...

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