... but I'm not sure who's agreeing with whom. I blogged a few days ago about European Information Commissioner Peter Hustinx' 'Opinion' on Member States' implementation (or not) of the European Data Protection Directive. In essence, he suggested that the Directive didn't need changing, member states just needed to get on and do a better job of complying with it. Today, the most recent newsletter from Privacy Laws and Business sketches out a fascinating sequence of blasts and counterblasts:
- the UK Information Commissioner, Richard Thomas, has apparently used the most recent meeting of the Data Protection Forum to say that, actually, the Directive is indeed in need of being overhauled, as it is "highly confusing and overly prescriptive", and that to suggest otherwise, as the Commission did, is "deplorably complacent"
- Mr Hustinx apparently then took the opportunity to agree (!), saying that the Directive ought indeed to be reviewed in the 3-5-year timescale;
- meanwhile, the Commission itself has complained that an examination of the UK's implementation of the DPD reveals: "failings in the implementation of the following: the definitions (in particular that of personal data); the scope of the Directive’s application to manual files; the conditions for processing sensitive data; fair processing notices; data subject rights; the application of exemptions from these rights; remedies for individuals; the liability of organisations for breaches of data protection law; the transfer of personal data outside of the European Union; and the powers of the Information Commissioner. The corresponding articles are 2, 3, 8, 10, 11, 12, 13, 22, 23, 25 and 28.
Apart from that, one assumes, they've got it spot on. It's a bit like the entry on Sex in the Hitchhiker's Guide to the Galaxy:
"SEX: None.
Well, in fact there is an awful lot of this, largely because of the total lack of money, trade, banks, art or anything else that might keep all the nonexistent people of the Universe occupied. However, it is not worth embarking on a long discussion of it now because it really is terribly complicated.
For further information see Guide Chapters seven, nine, ten, eleven, fourteen, sixteen, seventeen, nineteen, twenty-one to eighty-four inclusive, and - in fact - most of the rest of the Guide."
With everyone successfully dazed by this balletic skirmishing, the news that the House of Lords is recommending a consultation exercise to plan UK legislation in the knotty area of Breach Notification is likely to hit the reader like a deftly executed estocada. The good news is that there is a substantial body of prior experience in this area. I hope the consultation exercise manages to capitalise on it.


