24 April 2013

EU Presidency comments on the General Data Protection Regulation

The EU Presidency prepared a Note to the Committee of Permanent Representatives (COREPER) discussing "pivotal issues" which require political guidance, such the scope of the Regulation and the requirement for "explicit"' consent.

The Annex to the Note proposes specific drafting amendments.

On the data processing principles themselves, the Presidency noted that they were largely the same as those within the 1995 Directive, except a new principle of data security and confidentiality was added.

Regarding consent, the Presidency acknowledged that the proposed definition of consent is beyond that required under the 1995 Data Protection Directive: many delegations view the new requirement for explicit consent as unrealistic and of little value, especially on the Internet.

The Note also focussed on:

  • Material scope
  • Territorial scope
  • Freedom of expression and access to public documents

The Note can be accessed in full here