Tuesday, July 06, 2010

MoJ calls for evidence on data protection legislative framework

The Ministry of Justice has today (6/7/10) published a Call for Evidence on how the European Data Protection Directive 95/46/EC and the Data Protection Act 1998 are working.
The Government has issued a Call for Evidence on current data protection law to help inform the UK’s position on negotiations for a new EU data protection instrument, which are expected to start in early 2011.

The Call for Evidence lasts for three months and is due to close on 6 October 2010.

At the same time as launching this Call for Evidence, the Government has published a provisional post implementation review impact assessment of the Data Protection Act 1998, on which we would also welcome comments. This impact assessment complements the Call for Evidence and publication of a full impact assessment is planned for the end of 2010.

Please note that the Call for Evidence is not a formal consultation, but an evidence gathering exercise.
The document states that evidence is particularly sought on the following issues:
  • A. definitions;
  • B. data subjects’ rights;
  • C. obligations of data controllers;
  • D. powers and penalties of the Information Commissioner;
  • E. the principles-based approach
  • F. exemptions under the DPA; and
  • G. international transfers.

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