Irective 95/46/EC

Abstract

ORIGIN AND DEVELOPMENT 543. ECONOMIC RELEVANCE – On 21 November 1973, the European Commission issued a Communication regarding a “Community Policy on Data Processing”. The Communication stressed the importance of having a flourishing European data processing industry and proposed several measures designed to promote its development. Although the Communication focused primarily on economic aspects of data processing, it also noted a need to establish “common measures” to protect citizens. 544. PARLIAMENTARY MOTIONS – In 1975, the Legal Affairs Committee of the European Parliament prepared an “own initiative” report, which contained a draft Resolution calling for a Directive on “individual freedom and data processing”. A Directive was deemed necessary not only for the protection of citizens, but also to avoid the development of conflicting legislation. The Resolution was passed, but the European Commission did not put forth any legislative proposals. The call for legislative action was repeated in 1976, 1979 and 1982. The Commission, however, preferred to await the completion of Convention 108 and then to urge Member States to ratify it. 545. THE PUSH FOR HARMONISATION – As the 1980s progressed, it soon became clear that not all Member States were rushing to ratify Convention 108. In 1985, the European Commission published a White Paper entitled “Completing the Internal Market”, which contained a timetable of completion by 1992. The continued fragmentation of national approaches to data protection presented a clear risk to the European vision of further integration. The political push for greater harmonisation provided optimal conditions for further Community action. In September 1990, the European Commission announced a series of proposed data protection measures, one of which was a proposal for a Council Directive concerning the protection of individuals in relation to the processing of personal data. 546. LEGISLATIVE DEVELOPMENT – The Commission proposal was met with mixed reviews. After almost two years of debate, the European Parliament published its first reading of the proposal, which contained more than 100 amendments. The Commission responded swiftly, releasing an amended proposal for the Directive six months later. The text was then transmitted to the Council, where the further progression of the document was delayed for more than two years due to a blocking minority.