GERMANY: Guidelines for a modern data protection law


Published
Contributors:
Flemming Moos
Osborne Clarke
On March 18, 2010, the summit of the highest data protection authorities in Germany passed guidelines for a modern data protection law for the twenty-first century. The guidelines are intended to form a basis for discussions on a major reform of the existing German privacy laws.
According to the guidelines, future data protection laws should be built upon the following principles: (1) definition of fundamental minimum standards such as purpose limitation etc., (2) technology-neutral regulations, (3) fostering rights of the data subjects, (4) specific safeguards for processing data "online," (5) strengthening self-monitoring by data controllers, (6) reinforcing independence of public supervision, (7) providing for more effective sanction and (8) designing the laws more transparently and easier to read.
According to the guidelines, future data protection laws should be built upon the following principles: (1) definition of fundamental minimum standards such as purpose limitation etc., (2) technology-neutral regulations, (3) fostering rights of the data subjects, (4) specific safeguards for processing data "online," (5) strengthening self-monitoring by data controllers, (6) reinforcing independence of public supervision, (7) providing for more effective sanction and (8) designing the laws more transparently and easier to read.



