So, the reports that we would not see the detail of the reforms until March proved unfounded. The official publication of the Commission's DP reform proposals earlier today, exactly on schedule,  cannot have escaped the notice of Datonomy readers. (But just in case, the link to the package of new measures is here .) The centre of attention is the comprehensive Regulation, weighing in at 139 Recitals and 91 Articles and a total of 118 pages (if you include the memo at the front and the impact statement at the back). The Datonomy correspondents at Olswang have been busy all afternoon analysing the practical implications of the proposal, and their initial analysis for in house counsel is now available. The new regime will obviously have a major impact on data protection regulators too – the  initial reactions of the UK's  regulator are here on the ICO's website. Anyone who missed Vice … Continue Reading ››
If , like this Datonomist, you have been trying to make sense of the conflicting reports about  delays - or otherwise - to publication of the draft DP Regulation, then this report  just posted confidently predicts the publication of a "package" comprising a communication, a regulation, a directive and a technical report on the 25 January - the date  expected for formal publication, following the unofficial debut of an interservice text last month.     Datonomy is sure that its readers have already seen the various reports since last week, rumouring the possible delay and detailing the numerous objections from various Directorates General at the Commission which prompted it.   If not,  the Euractiv article provides  a useful snapshot of these, as does recent coverage on MLex. Which report is right?  Who knows.  Datonomy is saving it energies for analysing the official draft of the proposal - whenever it may emerge! The leaked … Continue Reading ››
The draft data protection regulation of the European Commission that had leaked in early December has been widely criticised by the German Minister of the Interior and aFederal Constitutional Court judge. The points of concern were not the new and mainly stricter rules of the draft regulation, but that the European Commission chose a regulation instead of a directive. First, Johannes Masing, one of the sixteen judges of theFederal Constitutional CourtinKarlsruhe, unmistakably warned about the new regulation in a newspaper article last Monday titled "Goodbye to fundamental rights". Mr. Masing said that as a regulation was in fact a directly applicable law in every member state, national rights would be pushed aside. This would also be the case with regard to the fundamental rights of the Grundgesetz, the German constitution. In Germany, data protection laws do not originate from the European Directive 95/46/EC or a simple law, but were "invented" … Continue Reading ››