New delay fuels EU data warning

European UnionClaims that the new EU data laws may never be passed are gathering momentum following news that the final vote has been delayed for the third time, as the wording of the draft continues to vex MEPs and officials alike.
The vote by the European Parliament’s Civil Liberties, Justice and Home Affairs (LIBE) Committee, originally scheduled for April, then July, has now been delayed until October.
Whether it will now be ratified before new elections in May 2014 is open to debate.
And data protection law specialist Kathryn Wynn of Pinsent Masons says the lack of consensus leaves an axe hanging over the reforms.
“The problem with the proposed Regulation is that it is too prescriptive in detailing how firms should comply with data protection rules,” Wynn said. “The focus ought to be on setting outcomes that businesses need to meet, whilst leaving them with an element of flexibility over how to achieve that compliance.”
More than 3,000 proposed amendments have also been tabled to the Commission’s draft by MEPs in the European Parliament.
“The problem with setting out a prescriptive approach towards compliance is that it involves outlining a lot of detail about how that compliance is to be achieved,” Wynn said. “It therefore becomes difficult for a consensus to be reached from competing ideas about the processes and procedures needed for compliance, and it also encourages a ‘tick-box’ attitude to compliance by organisations.”
“EU data protection laws are out of step with the digital age. They do not properly account for advancements in e-commerce, the rise of social media, multiple jurisdictional transfers of personal data and the increased profiling capabilities brought about by the emergence of ‘big data’. However, an update to the regime is not likely unless an effort is made to make the draft Regulation less prescriptive,” Wynn said.
“The European Commission may have to go back to the drawing board to either frame a new outcomes-focused Regulation or Directive to achieve the reforms necessary,” she added.

Related stories
Clock ticks on EU after new delay
EU: ‘Don’t panic, don’t panic’ – ICO
EU data laws ‘may never be passed’
Sceptics blast EU consent claims
Industry hails EU ‘extra time’
EU data laws enter the ‘hot phase’
EU data law: ‘It’s the DMA wot won it’
Does anyone give a toss about DM?
MEPs pass 900 amendments to data laws
DM chiefs urged join war on EU laws
First victory in war on EU data laws
EU: Full steam ahead on new laws
Bosses ‘clueless on new EU laws’
EU data laws ‘just got a lot worse’
Germans seek tougher EU data laws
DMA rallies team for £47bn fight
New EU data laws ‘to cost millions’

Print Friendly

To leave a comment please register – it takes less than a minute and is free of charge. You will also get our weekly email update The DM Report (to opt out contact If you are an existing user, please log in. If you have forgotten your log-in details please email to get them reset!

Existing Users Log In
 Remember Me  
New User Registration
*Required field