Abstract
Recent reforms in data privacy protection framework in European Union have lead to enactment of General Data Protection Regulation (GDPR). However, it remains debatable if GDPR would lead to significant improvement in the protection of privacy rights of individuals, which is always considered the fundamental right. The advent of technology and movement of data across geographical barriers and outsourcing of data processing jobs to countries outside the EU necessitated enactments of GDPR. An analysis is done to demonstrate that though some of the provision of GDPR remain generically remain similar to the Data Protection Directive, GDPR has incorporated some new provisions by choosing the ‘regulation’ as an instrument of law for better harmonisation, expensing the ‘right to be forgotten, legitimisation the role of consent, providing data protection by design and default, increasing accountability of data controllers and expanding the scope of provision of the directive to extra territorial jurisdiction would be remain to be seen whether GDPR is an old wine with the new label or something else in a wine bottle.
Highlights
With about 46 per cent of the world’s population having access to it, the Internet has emerged as most popular medium of free expression, and as tool for conducting free trade and the use of smart devices
This, in turn, triggered the process of reform in the Data Privacy Protection Framework, leading to enactment of the General Data Protection Regulation (GDPR)[7], which is slated to usher in reforms and changes in the European Union (EU) Data Protection Framework
The Directive had almost become antiquated in view of the evolution of new technology such as Internet of Things (IoT), and Cloud, among others, giving rise to a new type of risk that was unknown when the Data Protection Directive was enacted
Summary
With about 46 per cent of the world’s population having access to it, the Internet has emerged as most popular medium of free expression, and as tool for conducting free trade and the use of smart devices. This propensity to use the Internet for various applications has resulted in the generation of a large volume of personal data online including (but not limited to) the name, address, mobile number, date of birth, email address, geographical location, health record of the user, among other things This data has a high potential of secondary use which necessitates the protection of privacy and confidentiality of this personal data both at residence and in motion across the borders.[1] [2] [3] European Union Directive 95/46/EC (The Directive) [4] remained the basic instrument for protection of data privacy for over 20 years in European Union (EU) recognizing privacy as a fundamental human right.[5] the practical implementation of the Directive across the EU states and the seminal decisions of Court of Justice of European Union (CJEU) raised several issues regarding an understanding and need for individual rights to protection on the Internet in EU.[6] This, in turn, triggered the process of reform in the Data Privacy Protection Framework, leading to enactment of the General Data Protection Regulation (GDPR)[7], which is slated to usher in reforms and changes in the EU Data Protection Framework.
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