The European Commission has issued a Communication on the follow-up of the Work Programme for better implementation of the Data Protection Directive - Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995.
The Communication, which was published on 07 March 2007, concludes that while the Directive should not be amended, there should be a programme of measures in pursuit of the Directive’s proper implementation by Member States.
The Commission's first report on the implementation of the Data Protection Directive in 2003 set out a work programme, with the objective of ensuring an improved implementation of this communitary framework. The Communication examines this work programme and provides a follow-up on what has been achieved.
The Commission reports that while all Member States have transposed the Directive into their national legislation, some countries have not yet properly implemented it. Furthermore, the Communication identifies a number of areas of concern, above all in that some data protection supervisory authorities lack independence and have insufficient powers and resources.
The Commission further considers that the Directive is technologically neutral and that its principles and provisions are sufficiently general, that its rules may continue to apply appropriately to new technologies and situations. However, it doesn’t rule out the need for particular guidelines for specific technologies.
The Communication sets out a number of actions for the way forward. These include a review of the Directive on the processing of personal data and the protection of privacy in the electronic communications sector - Directive 2002/58/EC of the European parliament and of the Council of 12 July 2002 – and the Draft Communication on Radio Frequency Identification (RFID) technology, in order to face the challenges of new technologies. It also highlights the publication of an interpretive communication on the provisions of Directive 95/46/EC, setting out the best way of achieving its implementation.
Further information:
- COM(2007) 87 http://ec.europa.eu/justice_home/fsj/privacy/docs/lawreport/com_2007_87_f_en.pdf
Related information on ANACOM's website:
- EU - European Union https://www.anacom.pt/render.jsp?categoryId=66653
- Data protection and privacy https://www.anacom.pt/render.jsp?categoryId=333214
