Data Protection Directive
First Report on the implementation

The 1995 Data Protection Directive has broadly achieved its aim of ensuring strong protection for privacy while making it easier for personal data to be moved around the EU, according to a European Commission Report recently published. However, late implementation by Member States and differences in the ways the Directive is applied at national level have prevented Europe's economy from getting the full benefit of the Directive. The Report proposes a work plan to reduce those differences, based on co-operation among Member States and between Member States and the Commission, followed by a review in 2005 of whether amendments to the Directive are necessary. The free flow of personal information throughout the EU is essential for the efficient conduct of almost any economic activity on an EU-wide basis. The Report is based on wide consultation, including an international conference and an online survey to which over 10,000 responses were received.

During 2002, the Commission carried out an open consultation to review the implementation of the Directive, in which all interested parties - institutions, governments, data protection authorities, business representatives and even individuals companies and individuals - were given the opportunity to participate (see SMN 30). More than 9000 citizens and almost 1000 companies participated in an on-line consultation the results of which are available in the Data Protection website. Finally, the organisation of an International Conference in October 2002 allowed the Commission to seek confirmation to the main trends and findings which are now included in the Report.

The main findings of the Report

In general terms, the Commission is satisfied with the implementation of the Directive in the Community. It has enabled citizens to benefit from a high level of protection in all Member States. Companies also benefit from a free flow of personal data within the Community which constitutes an essential element for the smooth functioning of the Internal Market. Data protection is a fundamental right that forms part of European citizenship and Directive 95/46/EC has decisively contributed in this regard. That said, the analysis of implementation in the Member States has also revealed some deficiencies which are outlined in the report and which a work plan for 2003 and 2004 intends to address.

In particular, the quality of some transposition laws is insufficient and it is clear that some Member States will have to amend their data protection laws. The Commission intends to proceed by means of bilateral discussions in 2003 but it will not hesitate to open infringement proceedings should this constructive dialogue fail to achieve the necessary results.

Another aspect covered by the Report is the need for simplification and a more uniform interpretation and application of national provisions. This was a message received repeatedly during the review of the Directive, mainly from business circles. By means of co-operation, in particular in the framework of the activities of the Article 29 Working Party (Member States' data protection supervisory authorities), all possible efforts must be undertaken to achieve more uniform practices and simplified procedures (for example, less burdensome notification requirements or a more flexible environment for international data transfers).

It is also very important that data protection authorities in the Community are given sufficient resources to fulfil their tasks. For some of the authorities, this does not seem to be currently the case. This lack of resources may explain, at least in part, the low level of enforcement in the EU and the linked problem of compliance.

The Report expresses concern about the apparently insufficient level of citizens' awareness about data protection, as well as a low level of compliance with the law by the operators. Further studies to be carried out by the Commission will be designed to gather more reliable information about these issues so that targeted solutions can be developed.

The Commission intends to review the results of the work program in 2005. It could then submit new proposals which may include, if necessary, proposals for amendments to certain provisions of the Directive.

Information:

Leonardo Cervera Navas
DG Internal Market
Unit E.4
Tel.: + 32 (0) 2 296 58 59
Fax.: + 32 (0) 2 299 80 94