Data protection laws: chance to have your say
06 July 2010
Plans were outlined today to seek views on the European Data Protection Directive and the Data Protection Act to ensure that current laws continue to safeguard people’s personal data in the 21st Century.
The Ministry of Justice is issuing a Call for Evidence on current data protection legislation, asking for views on how the European Directive and the Data Protection Act are working, the impact of data protection on individuals and business, and whether the current powers and penalties of the Information Commissioner could be strengthened. This comes ahead of the negotiations on a new EU data protection instrument.
Lord McNally said:
‘Since these laws were introduced just over a decade ago, the way we live our lives has been radically transformed by the digital revolution. Whether we are shopping online, banking or renewing our passport, we are handing over the keys to our personal information almost daily.
‘We want to gather evidence and views on whether the current data protection laws are working in light of social and technological changes since the mid-1990s. As individuals, citizens and consumers, we have the right to know our data is properly protected, and the Government is keen to gather evidence about how helpful the existing legislation is, as well as ideas on how the current data protection regime can be improved.
‘This Government is committed to protecting civil liberties and personal privacy, and we want to make sure that current laws do not allow unreasonable intrusions into people’s lives – while balancing this with the need to ensure the laws are not placing undue burdens on business and other organisations that collect personal data.’
The EU Directive and the Data Protection Act set minimum standards for protecting individuals’ information, gives individuals the right to see what information organisations have stored about them, and provides the Information Commissioner with powers to fine those who do not safeguard the personal data they hold.
The Call for Evidence will allow individuals, private organisations, charities and public authorities to outline their views on the current laws on data protection. This information will then be assessed and used to inform the UK’s position in negotiations on a new EU instrument for data protection, which are expected to begin in early 2011.
Today’s announcement builds on a series of steps already taken by Government to improve and defend the civil liberties of UK citizens, including scrapping the ID card scheme and proposing a Freedom Bill to repeal unnecessary laws.
Notes to editors
- The Data Protection Act (1998) puts in place a framework for the protection of personal data, balancing the rights of individuals with the legitimate needs of organisations to make use of such data. It requires data controllers to comply with eight data protection principles, subject to certain exemptions. These ensure personal information is fairly and lawfully processed, accurate, up-to-date and not kept for longer than necessary.
- The Call for Evidence closes on 6 October.
- The EU Data Protection Directive (95/46/EC) is the European data protection legislation adopted in 1995 which all Member States are required to transpose into their domestic law. The UK has achieved this through the DPA. The Directive expands on the 1981 Council of Europe Convention 108, which itself has its origins in Article 8 of the European Convention on Human Rights.
- The Call for Evidence looks at several specific areas, including: definitions under the DPA; data subjects’ rights; obligations on data controllers; powers and penalties of the Information Commissioner; the principles-based approach taken by both the Directive and the DPA; exemptions under the Act; and international transfer of data.
- The MoJ will also be carrying out a Post-Implementation Review of the DPA, with a view to publishing a full impact assessment by the end of the year.
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