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.

http://www.justice.gov.uk/consultations/call-for-evidence-060710.htm