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[FYI] Data protection: Commission proposes Regulation to protect
- To: debate@fitug.de
- Subject: [FYI] Data protection: Commission proposes Regulation to protect
- From: Horns@t-online.de (Axel H. Horns)
- Date: Sun, 18 Jul 1999 18:10:57 +0100
- Comment: This message comes from the debate mailing list.
- Organization: PA Axel H. Horns
- Reply-to: horns@t-online.de
- Sender: owner-debate@fitug.de
http://europa.eu.int/comm/dg15/en/media/dataprot/news/99-497.htm
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Data protection: Commission proposes Regulation to
protect data within EU institutions and bodies
A proposal for a Regulation to protect personal data
within European Union (EU) institutions and bodies has
been put forward by the European Commission. The
proposed Regulation would lay down rules to ensure a
high level of protection for personal data processed
by each of the Community institutions and bodies and
establish an independent supervisory body to monitor
application of these rules. The EU institutions are
obliged to introduce such data protection safeguards
by the new Article 286 of the EU Treaty (as amended by
the Amsterdam Treaty). The proposed Regulation has to
be adopted by the Council of Ministers and the
European Parliament under the co-decision procedure.
EU institutions and bodies, and the Commission in
particular, handle personal data as part of their
everyday work. The Commission exchanges personal data
with Member States in implementing the common
agricultural policy and the Structural Funds, in
administering the customs union and in pursuing other
EU policies. The data protection Directive (95/46/EC)
is addressed to the Member States and does not apply
as such to the Commission or the other EU institutions
and bodies. When the Directive was adopted in 1995,
the Commission and the Council made a public
declaration undertaking to comply with it. This
undertaking has become binding with the entry into
force of the Amsterdam Treaty.
The data protection rules in the proposed Regulation
are based on the existing EU rules on data protection
which apply to the Member States, in particular the
Data Protection Directive 95/46/EC. However, the
Directive itself is a framework law and it requires a
more detailed Regulation, which is directly
applicable, to lay down operational rules for the
institutions. Under the proposed Regulation, personal
data would have to be:
processed fairly and lawfully
collected for specified, explicit and legitimate
purposes and not further processed in a way
incompatible with those purposes adequate,
relevant and not excessive in relation to the
purposes for which they were collected and/or
further processed accurate and, where necessary,
kept up to date (every reasonable step would have
to be taken to ensure that data which were
inaccurate or incomplete in relation to the
purposes for which they were collected or for
which they were further processed, were erased or
rectified) kept in a form which permitted
identification of data subjects for no longer
than was necessary for the purposes for which the
data were collected or for which they were
further processed.
Citizens would enjoy legally enforceable rights under
the proposed Regulation, such as rights of access,
rectification, blocking and deletion of personal data
relating to them from the files held by each EU
institution and body.
The proposal would establish a European Data
Protection Authority, which would be a new independent
EU body, responsible for monitoring the correct
application of the data protection rules by the EU
institutions and bodies. It will be a body comparable
to the data protection authorities in the Member
States as provided in the Data Protection Directive.
Citizens would be able to lodge complaints directly
with the European Data Protection Authority if they
considered their data protection rights under the
Regulation had not been respected.
Date: 15 July 1999
For further details: E1@dg15.cec.be
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