The reform of the EU Data Protection Framework – Building trust in a digital and global world
Finally, Nikolaou calls for intensive cooperation between national parliaments, the European Parliament and Member States to overcome concerns about the revised proposals. In particular, he mentions the importance of protecting children and the exchange of information with third countries on the basis of bilateral agreements. Finally, Nikolaou calls for intensive cooperation between national parliaments, the European Parliament and Member States to overcome concerns about the revised proposals.
In particular, he mentions the importance of protecting children and the exchange of information with third countries on the basis of bilateral agreements. Finally, Nikolaou calls for intensive cooperation between national parliaments, the European Parliament and Member States to overcome concerns about the revised proposals.
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The second Cypriot speaker is the Minister of Justice, Lucas Loura. He calls data protection one of the main challenges of the Cypriot presidency. Much attention is paid to consulting stakeholder and creating a solid foundation for the Irish presidency from January 2013. Loura welcome the Interparliamentary Conference and see it as an important development in the framework of the Lisbon Treaty in which the European Parliament and national parliament give a greater role.
Loura also mentions a number of aspect of the draft regulation that he focus on, such as the right to be forgot, the one-stop shop whereby citizen and company only have to turn to one supervisor (supervisory authority = the supervisor in the country where a company has its main establishment; Article 51, second paragraph), uniform standard for fine, privacy by design and the obligation to monitor privacy impact assessment to keep.
He emphasize the importance that regulation should not hold back technological development or create obstacle for ordinary people. With regard to the draft directive he argue that this should result in improve cooperation of service. In the Member State and point out that Europol Eurojust and intelligence service. Are exclude from the operation of the directive. Loura briefly discussed the ongoing negotiations in the Council Working Group DAPIX. Which will meet six more times in the autumn as well as the discussions. During the informal JHA Council last summer.
He is aware of the problems and doubts about the provisions. And says he is striving for a balanced compromise with the European Parliament as the main partner. According to Loura it is important to have a sound legal instrument. That protects citizens’ data strengthens human rights stimulates economic growth and brings prosperity to citizens.
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After this, the floor is give to Françoise Le Bail, Director-General of the European Commission’s Directorate-General for Justice. It expresses its appreciation for the cooperation with national parliaments. And undertakes to consider the contributions of the different Member States. Le Bail explains the main intention of the European Commission when proposing the new regulations.
It is an intention express by the title of the meeting: creating trust. To this end it is first of all important to strengthen individual right. For example through the right to be forgot, the right to data portability and the right to information. These measure are consider necessary to create trust. Le Bail argues that building trust is a business case. Because the lack of trust hinders consumers’ purchase of goods or services on the internet.
The second principle is to simplify the regulatory framework in the European Union. The different ways of implementing. The current regulations in the Member States. for example mean that companies have to be with 27 different supervisors. Le Bail argues that the choice for a regulation. Which will be directly applicable in the Member States, is the result of this ambition. In addition the idea of the one-stop shop important to reduce the burden on companies. And citizens as is the exception for SMEs which therefore have less administrative burden. With the exception of companies whose main activity is data processing.
The third principle is that legislation must be able to withstand technological developments in the future. This is the main purpose of the delegated acts, which appear in several places in the proposal. In this way the detail regulation can be further elaborate by expert. Under the supervision of the European Parliament and the Council. According to Le Bail, this provides the necessary flexibility to make the regulations future-proof to be able to name.
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With regard to the draft directive Le Bail indicate that it is an improvement in several respect. Compare to the 2008 framework decision (2008/977/JHA). First of all, supervision is propose by the European Commission and the Court of Justice. In addition, the proposal concerns an extension to domestic processing of data by police and judicial authorities.
Because it is difficult to distinguish between data exchanged across borders or only within a Member State. Le Bail emphasizes that the draft directive aims to protect data. By law enforcement agencies with due regard for the specific requirements of this sector.