The European Commission has published new legislative proposals for data protection consisting of a draft Regulation setting out a general EU framework for data protection and a draft Directive on protecting personal data processed for the purposes of prevention, detection, investigation or prosecution of criminal offences and related judicial activities. The draft Regulation will repeal and replace the 1995 Data Protection Directive, which is implemented into UK law by the Data Protection Act 1998(DPA). The draft Directive will repeal and replace the existing Data Protection Framework Decision (DPFD), which was negotiated in 2008.
Since the Regulation will replace existing UK Data Protection legislation its potential impact is significant and the EU has issued a Call for Evidence here. It is seeking information about what the impact of the Commission's proposals is likely to be, the potential impact on organisations processing personal data, and the likely benefits to individuals through strengthened rights. Wherever possible, it would like practical, day-to-day examples of the proposals' possible effects and monetised cost and benefit figures.
The ICM would encourage all members to review the documents and record the likely impact on your businesses, and respond directly to the Ministry of Justice.