The Reform of the EU Data Protection Framework: A Better Way to Member States?

Abstract

This essay aims to evaluate the debate about the pros and cons of the proposed EU General Data Protection Regulation of 2012. Concentrating on purpose and objective of the law, arguments presenting negative issues about the proposal can be briefly sketched out: (1) dilemma between promoting free flow of personal data to function internal market of the EU and protecting fundamental rights and freedoms is uneasy to be dealt with; (2) there are practical obstacles of transferring the Directive to the Regulation; (3) the proposed General Regulation is too complex and vague to follow; and (4) with respect to the objective of the EU data protection law, once information qualifies as identified or identifiable, it falls under the data protection regime. On the basis of acceptance of a broad conception of privacy, I argue that the promotion of a workable internal market and the protection of personal data, in particular the right to privacy, can be achieved at the same time without unnecessary crash. However, it should be noted that there are limitations with respect to broad conception of privacy. Moreover, I agree with Solove and Schwartz's argument: not every type of risk to privacy should be treated the same. However, I argue that this idea is not new in the EU data protection law regime.