Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions – Safeguarding privacy in a connected world: a European Data Protection Framework for the 21st century

The rapid pace of technological change and globalisation have profoundly transformed the way in which an ever-increasing volume of personal data is collected, accessed, used and transferred. New ways of sharing information through social networks and storing large amounts of data remotely have become part of life for many of Europe's 250 million internet users. At the same time, personal data has become an asset for many businesses. Collecting, aggregating and analysing the data of potential customers is often an important part of their economic activities.

In this new digital environment, individuals have the right to enjoy effective control over their personal information. Data protection is a fundamental right in Europe, enshrined in Article 8 of the Charter of Fundamental Rights of the European Union, as well as in Article 16(1) of the Treaty on the Functioning of the European Union (TFEU), and needs to be protected accordingly.

To prepare the reform of the EU's data protection framework in a transparent manner, the Commission has, since 2009, launched public consultations on data protection and engaged in intensive dialogue with stakeholders. On 4 November 2010, the Commission published a Communication on a comprehensive approach on personal data protection in the European Union which set out the main themes of the reform. Between September and December 2011, the Commission was involved in an enhanced dialogue with Europe's national data protection authorities and with the European Data Protection Supervisor to explore options for more consistent application of EU data protection rules across all EU Member States.

These discussions made clear that both citizens and businesses wanted the European Commission to reform EU data protection rules in a comprehensive manner. After assessing the impacts of different policy options, the European Commission is now proposing a strong and consistent legislative framework across Union policies, enhancing individuals' rights, the Single Market dimension of data protection and cutting red tape for businesses.

The Commission proposes that the new framework should consist of:
- a Regulation (replacing Directive 95/46/EC) setting out a general EU framework for data protection;
- a Directive (replacing Framework Decision 2008/977/JHA) setting out rules on the protection of personal data processed for the purposes of prevention, detection, investigation or prosecution of criminal offences and related judicial activities.

This Communication sets out the main elements of the reform of the EU framework for data protection.

• Primary Source

European Commission: SEC(2012)72: Impact assessment http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SEC:2012:0072:FIN:EN:PDF

European Commission: SEC(2012)73: Summary of the impact assessment http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SEC:2012:0073:FIN:EN:PDF

EUR-Lex: COM(2012)009: Follow the progress of this document through the decision-making procedure http://eur-lex.europa.eu/legal-content/EN/HIS/?uri=COM:2012:009:FIN

European Commission: COM(2012)10: Proposal for a Directive of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data by competent authorities for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and the free movement of such data http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2012:0010:FIN:EN:PDF

European Commission: COM(2012)11: Proposal for a Regulation of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation) http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2012:0011:FIN:EN:PDF

European Commission: COM(2012)12: Report from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions based on Article 29 (2) of the Council Framework Decision of 27 November 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2012:0012:FIN:EN:PDF

European Commission: SEC(2012)75: Annex to COM(2012)12 http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SEC:2012:0075:FIN:EN:PDF

ESO: Background Information: Proposal for a Directive Of The European Parliament And Of The Council on the protection of individuals with regard to the processing of personal data by competent authorities for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and the free movement of such data http://www.europeansources.info/record/proposal-for-a-directive-of-the-european-parliament-and-of-the-council-on-the-protection-of-individuals-with-regard-to-the-processing-of-personal-data-by-competent-authorities-for-the-purposes-of-prev/

ESO: Background Information: Report From The Commission To The European Parliament, The Council, The European Economic And Social Committee And The Committee Of The Regions based on Article 29 (2) of the Council Framework Decision of 27 November 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters http://www.europeansources.info/record/report-from-the-commission-to-the-european-parliament-the-council-the-european-economic-and-social-committee-and-the-committee-of-the-regions-based-on-article-29-2-of-the-council-framework-decisio/

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