12 February 2013

The ICO has published an article-by-article analysis of the proposed EU draft General Data Protection Regulation.

The document was originally published for the ICO’s staff and the Ministry of Justice to help inform the UK’s negotiations in Europe, but the ICO decided to publish the paper as it became clear that it may be of use more widely to those with an interest in the data protection reform process. The article contains an in-depth analysis of each article of the proposed legislation, and analysis into the likely implications of the reform. ICO opinions include:

  • Doubts over the feasibility of enforcing data protection laws against non-EU controllers
  • Criticism over the breadth and detail of the provisions on appointing data protection officers
  • Preference for an unranked list of sanctions, with the effect of the breach being taken into account instead.

The full analysis can be found here.