EU Demands Better UK Data Protection Laws
June 25th, 2010 by adminThe European Commission has stated that it shall initiate proceedings in the European Court of Justice (ECJ) against the UK Government if the UK continues to operate an inadequate privacy policy.
The European Commission has given the UK Government two months to strengthen the Information Commissioners Office (ICO) powers in relation to data protection laws.
The European Commission has demanded that the ICO be given the authority to perform unsystematic compliance data protection checks on companies and to issue penalties to those against which the European Commission shall take action.
In addition to this, the ICO would also be given powers to assess other countries data privacy policies prior to the transfer of such information with the UK.
There is currently a three step process in place to enforce EU directives. The European Commission has presented the UK with a reasoned opinion to enforce the EU directive in question, which is yet to be passed fully into UK domestic law.
The first step of the three step process is for the European Commission to send the country in question a Letter of Formal Notice. Should that countries response to the notice be unacceptable, a reasoned opinion is then sent to that country.
Countries have two months in which to comply with the reasoned opinion. If they do not comply with the request, the European Commission takes the case to Europe’s highest court, the ECJ.
The European Commission further stated that the UK must modify the law in place on the public’s right to have their personal information and details erased from organisations and companies directories.
The European Commission has complained to the UK consistently since 2004 regarding the UKs implementation of the Data Protection Directive.
Last year the European Commission stated that the Data Protection and Privacy and Electronic Communication Directives had not been adequately implemented into UK law. The Commission’s complaints regarding the UKs compliance was in response to growing concerns over the contentious Phorm advertising technology.
