The Data Protection Directive 95/46/EC: Idealisms and realisms

Abstract

Following proposals to consider revising the Data Protection Directive 95/46/EC (DPD) in 2011, have the changes addressed the main areas of concern that have been the focus of much discussion? The areas of concern include the application of the Directive in the online age, particularly to social networking sites and cloud computing; the minimum/maximum standard approach by the EU Member States to data protection; the relevance and application of the data protection principles. These are some of the issues that were considered in the recent Art. 29 Working Party's Opinion on the Future of Privacy. The article will use this as a starting point of discussion to identify the extent to which impending proposals to revise the Data Protection Directive are closely aligned with the Opinion and consider the recent European Commission Communication (6/2010) on the comprehensive approach to personal data protection in the European Union. According to the Art. 29 Working Party, the level of data protection in the EU can benefit from a better application of the existing data protection principles in practice. This paper will attempt to address some of the difficult questions and consider the challenges to implementing the changes introduced by forthcoming revisions to the DPD.