07 January 2013

A draft report on the proposed Data Protection Regulation has been published by European Parliament rapporteur Jan Albrecht MEP. The draft report was presented to the Civil Liberties, Justice and Home Affairs Committee (LIBE),  which leads the European Parliament’s legislative deliberations on the reforms. In his preliminary statement at the LIBE meeting, the Assistant European Data Protection Supervisor, Giovanni Buttarelli, said that the European Data Protection Supervisor's office welcomes the amendments included in the draft report. Some of the key amendments include:  

  • Expanding the territorial scope of the Regulation;  
  • Encouraging the use of pseudonymous data;  
  • Strengthening the concept of consent;  
  • Restricting reliance on “legitimate interests” ground to justify processing;  
  • Strengthening “the right to be forgotten”;  
  • Extending the time period for data protection notification;  
  • Strengthening the powers of the Data Protection Authorities (DPAs);  
  • Strengthening the criteria for assessing “adequacy of a third country”;  
  • Reducing the Commission’s powers to adopt delegated acts;  
  • Improving the resourcing of DPAs.

The members of LIBE have until 27 February 2013 to suggest any amendments to the report before it is put before the European Parliament to vote on in April 2013. A draft report has also been published on the proposed Directive on the processing of criminal offence data by competent authorities, by rapporteur Dimitrios Droutsas MEP.

The draft Albrecht report can be found here.

Bird & Bird’s reaction to the report can be found here.