PRIVACY STRENGTHENED BY COMMISSION'S DRAFT DIRECTIVE
01 January 1991
PRIVACY STRENGTHENED BY COMMISSION'S DRAFT DIRECTIVE
bacdoc September=1991
"The European Commission's Draft Directive on data protection
introduces the concept of protecting a person's privacy. This
is distinct from the UK Data Protection Act, which states that
its purpose is `to regulate the use of automatically processed
information relating to individuals.' No reason is given for the
regulation, whereas the Draft Directive provides a yardstick
against which to interpret the law, namely the protection of the
privacy of individuals." This is the view of the UK Data
Protection Registrar, Mr Eric Howe CBE, speaking in London today
(Wednesday 17 July 1991) on the occasion of the publication of
his Seventh Report to Parliament.*
However, Mr said: "The variations between the different national
regulations are not there simply by chance. They often reflect
different national approaches to law and different national
concerns. When all these differences are squeezed into one
binding directive, the result may not chime with any one nation's
requirements. The Directive would apply extensively to manual
records as well as computerised data. The UK Act regulates only
those who process information by automatic means. A more
selective approach to manual records might be a more practical
way forward."
The rules for regulating trans-border data flows to non-EC
countries may cause international difficulties. "It is probably
unrealistic to expect countries such as the USA, Canada and
Australia to follow EC legislation precisely. Perhaps the
solution lies in looking at particular types of information and
the protection of that data in individual countries," Mr. Howe
explained.
"Overall, I welcome the attempt to give individuals within the
EC a greater measure of privacy and protection for any
information kept about them," Mr. Howe said. "Removing barriers
to the free movement of information is obviously a desirable step
for the further development of the Community. It needs to be
accompanied by safeguards for individuals. The Draft Directive
seeks to ensure that those safeguards will be in place."
* Seventh Report of the Data Protection Registrar, HMSO HC553.
Price: ¼ll.40.
17 July 1991
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