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Isle of Man Government
Reiltys Ellan Vannin
Isle of Man Government Crest

O.D.P.S.

Office of the Data Protection SupervisorOffice of the Data Protection SupervisorOik Oaseir Coadey Fysseree Ellan Vannin

The Future - Revision of Convention 108 and the European Data Protection Directive 95/46/EC

Both Convention 108 and the Directive 95/46/EC are being revised. Details regarding these revisions are below: information about Directive 95/46/EC follows immediately but please scroll further down the page for the information about Convention 108.

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Revision of the European Data Protection Directive 95/46/EC

UPDATES

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13 June 2014

EU Justice and Home Affairs Council agree on 'restrictive' data transfer rules, but although "The European Parliament has already given its backing to the Commission's proposals, in March 2014 (MEMO/14/186) [and] [n]ow it is the turn of the Council to act", the next Council meeting is not until October 2014

See also the latest press release from the European Commission (4 June 2014) and Viviane Reding's speech at the Justice Council press conference Luxembourg, 6 June 2014.

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28 May 2014

Partial General Approach on Chapter V agreed

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12 March 2014

"Progress on EU data protection reform now irreversible following European Parliament vote", European Commission MEMO/14/186 12/03/2014

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11 March 2014

Viviane Reding European Commission Vice-President, EU Justice Commissioner Speech "The EU data protection Regulation: Promoting technological innovation and safeguarding citizens' rights" Intervention at the Justice Council Brussels, 4 March 2014

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27 January 2014

Regulation "delayed until after May elections "

"EU justice commissioner Viviane Reding, the European Parliament lead negotiators on the package, the Greek EU presidency and the incoming Italian EU presidency Wednesday (22 January) agreed to set the deadline until before the end of the year." - EU Observer 24 January 2014

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10 December 2013

The European Commission Justice Council met on 6 December 2013.

Two press releases have been issued:-

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28 November 2013

The European Commission has issued two press releases of relevance to the proposed Regulation and the existing Safe Harbor Agreement.

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10 December 2013

European Commission Justice Council Meeting 6 December 2013

Two press releases have been issued following this meeting:

22 October 2013

EU Parliament has mandate to start negotiations with EU governments.

"A major overhaul of current EU data protection rules, to put people in control of their personal data while at the same time making it easier for companies to move across Europe, was voted by the Civil Liberties Committee on Monday [21 October 2013]. Responding to mass surveillance cases, MEPs inserted stronger safeguards for data transfers to non-EU countries. They also inserted an explicit consent requirement, a right to erasure, and bigger fines for firms that break the rules."

See European Commission press release.

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11 September 2013

The European Commission's State of the Union address 2013, released on 11 September 2013, states "...by properly combining the digital agenda with data protection and the defence of privacy, our European model strengthens the trust of the citizens. Both with respect to internal and external developments, adopting the proposed legislation on data protection is of utmost importance to the European Commission."

The trialogue discussions are likely to begin in the next few weeks and the Civil Liberties, Justice and Home Affairs (LIBE) Committee vote is now planned for October 2013, the subsidiarity deadline being 10 April 2014. The LIBE document file is available here.

Details of the scrutiny status of the proposed Regulation is available here and details of the decision making process between the institutions can be found here.

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25 July 2013

The latest DAPIX complete text of the proposed Regulation, dated 21 June 2013, has been leaked and can be found here.

Commissioner Reding is still committed to getting the package completed before the European Parliament elections in May 2014

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19 June 2013

The Council of the European Union has released a draft compromise text of Chapters I - IV in response to the European Commission’s proposed data protection regulation. A news article on this issued by the International Association of Privacy Professionals can be found here.

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3 May 2013

The European Parliament Press Service - Q&A on EU data protection reform.

This contains details of the Key Issues and Key Dates in the process. The second discussion on amendments in the Civil Liberties Committee is scheduled for 6-7 May 2013.

The procedure file issued by the European Parliament Legislative Observatory can be found by following this link.

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1 March 2013

The Article 29 Working Party has issued a statement on on current discussions regarding the data protection reform package. This can be found on the Article 29 website.

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14 February 2013

The UK Information Commissioner's Office has expanded the analysis paper it published last year, providing an in-depth look at the implications of the proposed EU data reform’s key areas. The expanded article by article analysis paper can be found by following this link.

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29 January 2013

Jan Phillipp Albrecht, a Rapporteur for the European Parliament has released a new report on the proposed Regulations, this can be found here.

The Article 29 Working Party has issued Opinion 01/2013 - "Input on the proposed implementing acts", which can be found here.

The ICO blog has an entry regarding the current state of play of the progress of the Regulations which can be found here.

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3 January 2013

The Committee of the Regions have issued an Opinion on the ‘Data protection package’.

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23rd November 2012

The UK Ministry of Justice has published the Government’s Impact Assessment of the European Commission’s proposals for data protection. This can be found by following this link.

The Ministerial statement can be found here.

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1st November 2012

The UK Justice Committee has published its report on the Committee's opinion on EU Data Protection framework proposals. This can be found by following this link.

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26th October 2012

Speech of Viviane Reding, Vice-President of the European Commission, EU Justice Commissioner "Justice Council: Making good progress on our Justice for Growth agenda"

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17th October 2012

The European Parliament Civil Liberties, Justice and Home Affairs Committee held a meeting on 9th October 2012 - 'Building trust in a digital and global world'.

The planned timetable is to have the second working paper debated in the Committee on 5th or 6th November 2012, with a draft report ready by December 2012. A vote on the Regulation will then take place between February and April 2013, to enable negotiation with the European Council later on. The overall plan is to have the content of the Regulation agreed in 2014.

The documentation and videos of this meeting can be found by following this link to the Committee's webpage.

The press release can be found here.

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2nd July 2012

The UK Ministry of Justice has published its response to the call for evidence on the Proposed EU Data Protection Framework. The response can be found here or by following this link to the Ministry of Justice's webpage.

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26th June 2012

Council of the European Union has revised the draft regulations issued by the Commission. The leaked document contains proposed changes with regard to Articles 1 - 10 and 80(a) and 83.

Click here for the leaked draft regulation as revised by the Council of Europe - 22 June 2012 (Interinstitutional file 2012/0011(COD)

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20th June 2012

Speech by Viviane Reding to the Digital Enlightenment Forum, Luxembourg, 18 June 2012

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11th May 2012

Speech by Viviane Reding ,Vice-President of the European Commission, EU Justice Commissioner to the Spring Conference of European Data Protection Authorities Luxembourg 3 May 2012, - "Strong and independent data protection authorities: the bedrock of the EU's data protection reform".

Speech by Viviane Reding ,Vice-President of the European Commission, EU Justice Commissioner for the EU Conference: Privacy and Protection of Personal Data Washington/Brussels, 19 March 2012 - "Towards a New "Gold Standard" in Data Protection?".

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13th April 2012

The Article 29 Working Party has issued an opinion on the data protection reform proposals. This opinion provides the first general reaction of the Working Party to the proposed regulations and the 'police' directive. The opinion can be found by following this link.

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13th March 2012

The Council of the European Union has issued a table of comparisons between the existing data protection Directive and the proposed new Regulations. (7455/12)

The European Data Protection Supervisor has issued an opinion on the data protection reform package. This is available on his dedicated webpage.

On the 8th March 2012, the Council of the European Union Working Party on Information Exchange and Data Protection (DAPIX), issued a paper following the consideration of the comprehensive reform of EU data protection rules (7221-12)

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7th March 2012

The Ministry of Justice call for evidence has now closed. Results are expected to be published by 4 June 2012.

27th February 2012

The ICO has isssued an initial analysis of the proposed new Regulations. Details can be found here.

10th February 2012

The UK Ministry of Justice has called for evidence regarding the new EU data protection proposals. This is not a formal consultation, but an information gathering exercise. Details can be found here.

25th January 2012

The European Commission has today proposed a comprehensive reform of the EU's 1995 data protection rules to strengthen online privacy rights and boost Europe's digital economy. Technological progress and globalisation have profoundly changed the way our data is collected, accessed and used. In addition, the 27 EU Member States, and third countries offering adequate protection for personal data (which includes the Isle of Man), have implemented the 1995 rules differently, resulting in divergences in enforcement.

The Commission's proposals update and modernise the principles enshrined in the 1995 Data Protection Directive to guarantee privacy rights in the future. They include a policy Communication setting out the Commission's objectives and two legislative proposals: a Regulation setting out a general EU framework for data protection and a Directive on protecting personal data processed for the purposes of prevention, detection, investigation or prosecution of criminal offences and related judicial activities. Further information on the proposals can be found on the European Commission's website.

The Commission also has a minisite - "The reform at a glance - what's in it for me?" which contains a booklet on the proposed changes. The booklet can also be found by following this link.

Click here for the Data Protection Regulation proposed by the Commission (January 2012)

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November 2011

The European Data Protection Directive 95/46/EC is currently being reviewed and Viviane Reding, Vice-President of the European Commission, EU Justice Commissioner gave an insight into what the new proposals may look like in her speech, "Building trust in the Digital Single Market: Reforming the EU’s data protection rules" at the conference organised by the Industry Coalition for Data Protection - American Chamber of Commerce to the European Union on 28th November 2011

The Article 29 Working Party issued a document on "The Future of Privacy" in December 2009

The UK Ministry of Justice has since issued a call for evidence with submissions required by 6th October 2010. The UK Information Commissioner's Office submitted evidence and issued a press release on 6 October 2010.

It is anticipated that a first draft will be available early in 2012, and the ICO has issued a briefing note summarising its stance on some of the expected proposals.

Further information can be found on the European Commission's website

The European Commission have also released a short video clip "Protecting your data, protecting you" and a RSS feed is available for the European Commission's data protection news items.

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Revisions of Convention 108

UPDATE

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11 September 2013

The calendar for the Consultative Committee of the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data is available here and the agenda for the next meeting on 15 - 18 October 2013 is here.

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3 May 2013

The Roadmap for 2013 can be found by following this link.

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25 January 2013

The abridged report of the 29th plenary meeting of the consultative committee was issued on 10 December 2012. Please follow this link for the report.

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19 November 2012

The European Commission has adopted a resolution that will allow it to negotiate the modernisation of Convention 108, the Council of Europe's convention on data protection, on behalf of the European Union. The Commission will ensure the Convention provides for a high level of protection of fundamental rights and freedoms with respect to processing of personal data which reflect the EU's internal rules.

For more information , see Press release issued 19 November 2012.

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30 May 2012

The Consultative Committee of the Convention for the protection of individuals with regard to automatic processing of personal data: Modernisation of Convention 108: have released the final draft of "Modernisation of Convention 108: new proposals" together with the compilation of responses to the consultation.

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13 March 2012

The Consultative Committee of the Convention for the protection of individuals with regard to automatic processing of personal data: Modernisation of Convention 108: have released the latest version of the new proposals.

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18 January 2012

The latest proposals for revision to Convention 108 have been released.

All the details of the proposals for the modernisation of Convention 108 and the Roadmaps can be found by following this link.

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November 2011

Convention 108 is also being modernised and has been consulted on, the results of which are available along with a Roadmap for the process.

The Council of Europe has also been pushing for acceptance of the Convention as a global standard. Further information about Convention 108 can be found here.

Other pages from the Council of Europe that may be of interest include "Data Protection" and "What we do"

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The moves towards international standards and accountability-based governance

The International Conferences for Data Protection and Privacy Commissioners have adopted various Resolutions. These can be found here.

A copy of the 2009 Madrid Resolution, "International Standards on the Protection of Personal Data and Privacy", can be found here.

An Accountability Project also commenced in 2009 and Hunton & Williams LLP's Center for Information Policy Leadership has provided the Secretariat for the Project. Papers relating to this Project can be found on its website.

These papers include the Galway Project, the Paris Project and the Madrid Project. The fourth phase will be carried out in 2012 and will be facilitated by the European Data Protection Supervisor.

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