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The European Union has been told to change its data protection laws because its current directive is no longer fit for the purpose of safeguarding citizens in the 21st century. Finding the EU Data Protection Directive to be flawed, "burdensome" and "too prescriptive," RAND Europe, tasked by Britain’s privacy watchdog, said it had also become outmoded. The directive, which was drawn up in 1995, was particular challenged by the increasingly global, networked and virtualised environment, aside to the explosion in digital storage. Its scope was said to depend too strongly on whether the data processed is defined as “personal”, separate to failing to classify geographical and financial information as “sensitive.” The think-tank added that the application of the EU-wide directive’s concepts can vary between countries, sometimes leading to “unpredictable” or “counterintuitive” results. The group said that, while it has helped provide a reference model for good practice, the directive must be clearer about desired outcomes and the accountability of data holders. It also wants enforcement of the directive to must be less inconsistent and more strategic, and should strive to “shape good behaviour” as well as “obtain restitution for any harm.” Moreover, the law should concern itself with the protection of individuals and the security of their data, which the current directive may overlook, and not on the processes that lead to that. Information Commissioner Richard Thomas said: “Massive technological advances, global trade and the need for personal information to cross international borders all signal the need for the law to evolve. “Organisations must embed privacy by design and data protection must become a top level corporate governance issue.” To some extent, incorporating security features was indicated in the report as vital to ensure organisations were seen to be in touch with consumer concerns. “21st century themes for regulating the privacy and integrity of personal information involve greater emphasis on trust, confidence, and transparency. “Safeguarding personal information has become a major reputational issue for businesses and governments,” Mr Thomas said. Underlining the importance of the ICO’s national counterparts, he explained that the “success or failure of privacy and data protection is not governed by the text of legislation, but rather by the actions of those called upon to enforce the law.” “It cannot be stressed enough that supervisory authorities must be given an appropriate level of responsibility for this arrangement to work.” The ICO commissioned RAND to investigate whether or not the EU Data Protection Directive, was a good basis for continent-wide data protection law. The Directive, on which the UK Data Protection is based, is the main regulatory means to provide for the protection of the personal data of European citizens. May 15, 2009 Email this article Printer friendly page Previous Page
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