By Daniel Cooper, Erin Egan, Henriette Tielemans, and David Fink of Covington & Burling’s privacy and data protection practice group

This article originally appeared in a Covington & Burling LLP Privacy & Data Protection Advisory and is reprinted here with permission.  

The European Commission has initiated a public consultation on “the legal framework for the fundamental right to protection of personal data.” The CommissionA has indicated that the consultation is intended to gather information on the challenges that should be addressed to maintain an effective and comprehensive legal framework for data protection. While the Commission has not stated if the Data Protection Directive (95/46/EC) will be reopened, the consultation could pave the way for doing so.
The Commission is soliciting views on the following three questions:
• What are the new challenges for data protection, in particular in the light of new technologies and globalization?

• Does the current legal framework meet these challenges?  

• What future action would be needed to address the identified challenges?

Responses may be filed until December 31, 2009.
The consultation follows several tentative moves by the Commission to re-examine, and potentially re-open, the Data Protection Directive. In November 2008, announced the appointment of an Expert Group to assist the Commission in identifying challenges for the protection of personal data in the EU, and to put forward proposals for addressing the challenges against the background of rapidly changing technology, increased globalization, and the new institutional framework that is meant to arise once the Lisbon Treaty is ratified by EU member states.
In May of this year, the Commission held a public conference to examine new challenges for the protection of personal data. Justice, Freedom, and Security Commissioner Jacques Barrot noted at the time that “…our existing general principles for the protection of personal data are more than ever necessary…. These principles form undeniably a solid base which has proved its worth in all Member States and has served as inspiration to numerous third countries. However, the time has come now to look at new challenges so that Europe and its much-admired model for the protection of personal data continues to provide the necessary protection—not only in today’s world but also in tomorrow's world.”
Recent debates on revisions to the e-Privacy Directive (2002/58/EC) have revealed that many stakeholders believe European data protection rules should be updated to address new issues that have arisen as the Information Society evolves.


If you want to comment on this post, you need to login.


Board of Directors

See the esteemed group of leaders shaping the future of the IAPP.

Contact Us

Need someone to talk to? We’re here for you.

IAPP Staff

Looking for someone specific? Visit the staff directory.

Learn more about the IAPP»

Daily Dashboard

The day’s top stories from around the world

Privacy Perspectives

Where the real conversations in privacy happen

The Privacy Advisor

Original reporting and feature articles on the latest privacy developments

Privacy Tracker

Alerts and legal analysis of legislative trends

Privacy Tech

Exploring the technology of privacy

Canada Dashboard Digest

A roundup of the top Canadian privacy news

Europe Data Protection Digest

A roundup of the top European data protection news

Asia-Pacific Dashboard Digest

A roundup of the top privacy news from the Asia-Pacific region

Latin America Dashboard Digest

A roundup of the top privacy news from Latin America

IAPP Westin Research Center

Original works. Groundbreaking research. Emerging scholars.

Get more News »

IAPP Communities

Meet locally with privacy pros, dive deep into specialized topics or connect over common interests. Find your Community in KnowledgeNet Chapters, Sections and Affinity Groups.

IAPP Job Board

Looking for a new challenge, or need to hire your next privacy pro? The IAPP Job Board is the answer.

Join the Privacy List

Have ideas? Need advice? Subscribe to the Privacy List. It’s crowdsourcing, with an exceptional crowd.

Find a KnowledgeNet Chapter Near You

Talk privacy and network with local members at IAPP KnowledgeNet Chapter meetings, taking place worldwide.

Find more ways to Connect »

Find a Privacy Training Class

Two-day privacy training classes are held around the world. See the complete schedule now.

NEW! Raise Staff Awareness

Equip all your data-handling staff to reduce privacy risk, with Privacy Core™ e-learning essentials.

Online Privacy Training

Build your knowledge. The privacy know-how you need is just a click away.

The GDPR requires 75,000 DPOs

What’s the formula for DPO success? IAPP CIPP/E and CIPM training, certifications and our global privacy conferences.

Upcoming Web Conferences

See our list of upcoming web conferences. Just log on, listen in and learn!

Train Your Team

Get your team up to speed on privacy by bringing IAPP training to your organization.

Learn more »

CIPP Certification

The global standard for the go-to person for privacy laws, regulations and frameworks

CIPM Certification

The first and only privacy certification for professionals who manage day-to-day operations

CIPT Certification

The industry benchmark for IT professionals worldwide to validate their knowledge of privacy requirements

NEW! FIP Designation

Recognizing the advanced knowledge and issue-spotting skills a privacy pro must attain in today’s complex world of data privacy.

Certify Your Staff

Find out how you can bring the world’s only globally recognized privacy certification to a group in your organization.

Learn more about IAPP certification »

IAPP-OneTrust PIA Platform

Simplify privacy impact assessments with this cloud-based customizable platform - free to IAPP members!

72% say privacy is now a board-level concern

Find out more about privacy governance in the IAPP-EY Annual Privacy Governance Report 2016.

Privacy Vendor List

Find a privacy vendor to meet your needs with our filterable list of global service providers.

IAPP Communities

Meet locally with privacy pros, dive deep into specialized topics or connect over common interests. Find your Community in KnowledgeNet Chapters, Sections and Affinity Groups.

More Resources »

Time to Get to Work at the Congress

It's almost here! Thought leadership, a thriving community and unrivaled education...the Congress prepares you for the challenges ahead. Register now!

Plan for the Summit

The world’s premier privacy conference returns with the sharpest minds, unparalleled programs and preeminent networking opportunities. Registration opens December 19!

Intensive Education at the Practical Privacy Series

This year's Series spotlights Data Breach, FTC and Consumer Privacy, GDPR and Government privacy issues. It’s the education you need NOW. Early bird ends Nov. 4!

Speak at the Symposium

The call for speakers is open! The Symposium returns to Toronto this Spring and programming is now underway. Looking to share your privacy prowess? Submit by November 20!

Sponsor an Event

Increase visibility for your organization—check out sponsorship opportunities today.

More Conferences »

Become a Member

Start taking advantage of the many IAPP member benefits today

Corporate Members

See our list of high-profile corporate members—and find out why you should become one, too

Renew Your Membership

Don’t miss out for a minute—continue accessing your benefits

Join the IAPP»