General Data Protection Regulation: Difference between revisions

Revision as of 13:53, 3 January 2013

Revision as of 14:09, 3 January 2013

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=== Responsibility & Accountability ===

The notice requirements remain and are expanded. They must include the retention time for personal data and contact information for data controller and data protection officer has to be provided.

[[Privacy by Design|'''Privacy by Design''']] and by Default (Article 23) require that data protection is designed into the development of business processes for products and services

privacy settings are set at a high level by default.<br />

'''Privacy by Design''' and by Default (Article 23)

Data Protection Impact Assessments (Article 33) have to be conducted when specific risks occur to the rights and freedoms of data subjects. Risk assessment and mitigation is required and an prior approval

of the DPA for high risks.<br/>

* Data Protection Officers (Articles 35-37)

Data Protection Officers (Articles 35-37) are to ensure compliance within organizations. They have to be appointed for all public authorities and for enterprises with more than 250 employees.

=== Consent ===

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=== Fines ===

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=== Right to be Forgotten ===

(Article 17)

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* from May 2013 on (depending on progress in the Council of Ministers) Negotiations between European Parliament, Council and Commission (Trilogue)

== ChallengesDiscussion & CriticismChallenges ==

The proposal for the new regulation is stillnot final yet and discussed controversially. SomeThe single set of rules and the issuesremoval of administrative requirements are supposed to save money. But critics point out some issues

* The requirement to have a Data Protection Officer (DPO) in companies with more than 250 employees is new for many EU countries and criticized by some for its administrative burden. For other countries like Germany this is lowering the level of data protection since there is already a requirement for a DPO in smaller companies (in Germany > 9 employees).

* The breach notification to the authorities within 24 hours is considered very ambitious by many experts.

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:- The European Commission and DPAs have to provide sufficient resources and power to enforce the implementation and a unique level of data protection has to be agreed upon by all European DPAs since a different interpretation of the regulation might still lead to different levels of privacy.

:- The implementation of the EU GDPR will require comprehensive changes of business practices for companies that did not implement a comparable level of privacy until now (especially non-European companies handling EU personal data).

:- There is already a lack of privacy experts and knowledge as of today and upcomingnew requirements might worsen the situation. Therefore education in data protection and privacy will be a critical factor for the success of the GDPR.

== Change Management ==