04 December 2012

EU Justice Commissioner, Viviane Reding reflected upon the debates regarding the proposed DP legislation in a speech in Brussels ("The overhaul of EU rules on data protection: making the single market work for business").

The key new points expressed by Mrs. Reding are:

  • Heavily prescriptive language will be removed in order to focus on a risk-based approach, with the concerned provisions and amendments now being discussed;
  • The new DP rules, like the current Data Protection Directive, should not draw any distinction between rules applicable to the public or the private sector; as some of the most damaging breaches are made in the public sector, removing the public sector from the Regulation, as suggested by some stakeholders, would be irresponsive;
  • Delegated acts may be removed or replaced by other legal instruments, including more details into the text, allowing decisions to be made through the consistency mechanism, or Codes of Conducts.

More information can be found here.