Changes in the European General Data Protection Directive
How to prepare for the new regulations?
Overview & requirements
Why is a new regulation required? What does this means for a company?
The new General Data Protection Regulation (GDPR) is due to be passed through European Parliament. It will impact any organisation that gathers, processes and stores personal data. It is currently a draft regulation, due to come into effect by late 2015 and it’s aiming to unify and simplify data protection regulation for all the member countries of the European Union (EU).
As of Monday 15 June 2015, the Council of Ministers reached a general approach on the general data protection regulation that establishes rules adapted to the digital era and an agreement on GDPR is expected by the end of the year. As a Regulation and not a Directive, it will have immediate effect on all EU Member States after the two-year transition period and does not require any enabling legislation to be passed by governments.
As part of the Data Protection Reform Package, the European Parliament is currently discussing the Commission Proposal for a Regulation of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data. It includes a strict data protection compliance regime with severe penalties of up to 100M euros or up to five percent of worldwide turnover for
Controls how your personal information is used by organisations, businesses or the government. It also imposes restriction on the transfer of data, also like placing the materials on the web.
mention privacy; however it was enacted into British law with the EU data protection directive which
Personal data are regulated by United Nations and urges States to implement effective measures to ensure that information concerning a person´s private life does not reach the hands of person who are not authorized by law to receive,process and use it.Thus private data are protected not only by law of States also by international laws, and concerning computer misuse
Data Protection Act (1998) made provision for the regulation of the processing of information relating to individuals, including the obtaining, holding, use or disclosure of such information. It was amended in 2003 to include electronic data.
The Data Protection Act protects the privacy and integrity of data held on individuals by businesses and other organizations. The act ensures that individuals (customers and employees) have access to their data and can correct it, if necessary. It is enforced by the Information Commissioner’s Office (ICO), which has responsibility for overseeing the Freedom of Information Act and the regulation of interception of communications under the Regulation of Investigatory Powers Act 2000.
This legislation protects people’s data and information stored on databases. Data subjects are people whose personal data is stored, the rights given to data subjects are: right of subject access, right of correction, right to prevent distress, right to prevent direct marketing, right to prevent automatic decisions, right of compliant to the information commissioner and right to compensation.
Another outstanding feature of Estonia’s digital transformation is the data security and data privacy. By logging into the State Portal, residents can easily see which X-Road participants hold their information, which can access it, and which have accessed it. A Data Protection Inspectorate enforces proper usage, which allows the residents themselves to and take action themselves if they suspect a violation. In other words, individuals are owning all their data and have power over it.
The Council recommends a legislative proposal to expand the applicability of MPIPA’s data breach notification requirement by redefining “personal information” to include more types of data that
The report also mentions various different events that have occurred in the 21st century in which a device which stores huge amounts of personal date regarding members of the public, sometimes even children, has been lost or stolen. The main reasoning behind the government proposals is war against terrorism and the idea that if you have everyone’s personal information and whereabouts it will be far easier to prevent a terrorist attack or catch the perpetrator. However, there is a huge opposition to these said proposals.
This legislation is the main piece that governs the protection of an individual’s person data in the UK.
Two types of laws are adopted by various countries to protect the sensitive information of individuals on the web. The first kind, comprehensive laws, are laws “that govern the collection, use and dissemination of personal information by both the public and private sectors”6. These general laws do not deal with individual areas like health care or educational systems. Instead, they establish standards for use of private information for all entities. Comprehensive laws are usually adopted for one of three reasons: to remedy past injustices, to promote electronic commerce or to ensure that laws are consistent with Pan-European laws7. In addition, comprehensive laws often require the establishment of an independent commissioner to oversee the enforcement of the law. Unfortunately, problems arise because either a lack of resources hinders
Next I would like to speak about effective measures to protect data. Selection of security means should be based on an effective protection and meanwhile should be convenient. As advises article Anonymity for lazy people (2004, June
In Britain and Australia, governments seek access to metadata by domestic phone companies and ISPs around 500,000 times a year. The European Court of Justice invalidated the European Union’s 2006 Data Retention Directive policy, stating that “the mass collection of metadata is an interference with the right to privacy, and access to this data cannot be justified under vague references to combating serious crimes or terrorism.” The court also stated, “if access to this sensitive data is granted, such access must be subject to prior review carried out by a court or by an independent administrative body” (Privacy International, 2015). The strongest and most important laws are in the countries of the European Union and European Economic Area that have implemented the 1995 Data Protection
On October 1998, data protection came into effect by the directors of European Commission. It prohibits transferring of personal data from European countries to non-European countries if they do not meet the European standards.
The EU General Data Protection Regulation (GDPR) was designed to harmonize the data privacy laws across Europe. This is mainly done to protect and empower the EU citizens data privacy and to reshape the way organizations approach data privacy. Let’s understand the requirements of Europe’s GDPR privacy and how it affects US companies.