The European Union and Persona Data Protection Essay

The European Union and Persona Data Protection Essay

Length: 1209 words (3.5 double-spaced pages)

Rating: Strong Essays

Open Document

Essay Preview

Nowadays, more people give away their personal information on social networks without realizing the potential threats. Under EU law, personal data is defined as ‘any information relating to an identified or identifiable natural person.’ While under Article 8 ECHR, there is a fundamental right for the privacy of your life. The Directive 95/46/EC sets a landmark in the history of data protection within the EU. In January 2012 the Commission drafted a proposal for new rules regarding data protection in order to replace the Data Protection Directive. While Directive 95/46/EC will be replaced by the new regulation on data protection, a new directive will replace the ‘Framework Decision’. The proposed Directive on data protection, aims to harmonize the current data protection law in all Member States. Also, one of the Data Protection Regulation goals is to give people more control over their data and make sure that their information is being protected. The Commission proposed a regulation instead of a directive because a regulation is applicable to all Member States without the need for individual, national implementation. This essay is structured as followed. The first part of the essay provides explores the background of data protection, to give a better understanding of the subject. The second part will focus on the justification of the reformation of Directive 95/46/EC. The third part of the essay explains the proposed regulation from the Commission and the response of the European Parliament. The final part will discuss the advantages and disadvantages of the proposed regulation and will focus on the differences of the new ‘Directive’ with the ‘Framework Decision.’


Background of Data Protection

Under Article 8 of the ECHR, ev...


... middle of paper ...


...tp://europa.eu/rapid/press-release_IP-12-46_en.htm?locale=en.

• Privacy & Security Law Report, European Parliament Votes Overwhelmingly in Favor of Data Protection Reform Proposal, 17 March 2014, Bloomberg, available at: http://www.bna.com/european-parliament-votes-n17179885695/.

• Reding V., the European data protection framework for the twenty-century, Oxford Journals, 09 July 2012.

• Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the institutions and bodies of the Community and on the free movement of such data, OJ 2001 L 8.

• The Lawyer, European Parliament votes overwhelmingly in favour of data protection reform, 27 March 2014, Wragge & Co.

• Ward P., The draft EU data protection framework, 20 June 2013, Home Affairs, SN/HA/6669.

Need Writing Help?

Get feedback on grammar, clarity, concision and logic instantly.

Check your paper »

Essay on Regulation Data Protection and Personal Data Privacy

- CONTENTS PAGE EXECUTIVE SUMMARY iv CHAPTER 1 - INTRODUCTION 1 Background 1 Statement of Purpose 1 Scope 2 Limitations 2 Methods of Research 2 CHAPTER 2 - FINDINGS 3…………………………………………………………3 Current Regulations 3 Current Expectations from customers 6 Reason Additional Regulations should be added 8 Future Potential 9 CHAPTER 3 - CONCLUSIONS AND RECOMMENDATIONS 11 Conclusions 11 Recommendations 12 WORKS CITED 13 EXECUTIVE SUMMARY This report will describe the history of government regulations and FTC....   [tags: Data Privacy]

Strong Essays
2928 words (8.4 pages)

Essay on The Importance of Data Protection in the EU: A Critical Reflection

- Introduction of Data Protection Directive As the humanity progressed, technology has had an enormous impact on the society for two centuries. In the last 20 years alone, our world has changed radically with the emergence of the internet. The ease of gathering information at a global level led to the emergence of new laws design to protect natural persons. Therefore, data protection is a third generation fundamental right included in the Charter of Fundamental Rights of the European Union, a legally binding document in the EU since the entry into force of the Treaty of Lisbon in December 2009....   [tags: privacy, personal data]

Strong Essays
914 words (2.6 pages)

The Data Protection Act Of 1998 Essay

- The first data protection Act came into force in the UK in 1984 to protect individuals who had information on them held on computers (meaning personal information must be obtained legally). This Act gave people the right to see their personal file, recently the data protection Act of 1998 was introduce because the previous Act does not apply to written data, therefore individuals had little control over the use of personal data. However the Act regulates the way personal is collected stored, process and used....   [tags: Customer service, Sales, Customer]

Strong Essays
2090 words (6 pages)

Essay on The Data Protection Act ( 1998 )

- is not permitted to acquire someone else 's personal data, which incorporates data, for example, name, street number, and age, and uncovered it without the assent of that individual. This law is according to the Data Protection Act (1998) under Section 55 it states that "it is an offense to knowingly or recklessly obtain, disclose or procure the disclosure of personal data without the assent of the information controller." For example, an individual can access someone else 's private data from social networks like his address, phone number, name and other private data and share with other people without the assent of that individual....   [tags: Social network service, Facebook, Twitter]

Strong Essays
1002 words (2.9 pages)

Essay on The Data Protection Act, 1998

- The Data Protection Act, 1998 The ‘right to privacy’ is a right we all expect. We do not expect personal details such as our age, medical records, personal family details and, political and religious beliefs to be freely available to everybody. With the growth of information and communication technology, large databases are able to hold huge quantities of information and global networks are able to share and distribute this information around the world in seconds. To protect people and their personal information, the Data Protection Act was formed....   [tags: Papers]

Strong Essays
459 words (1.3 pages)

Data Protection Act Comparison Essay

- Data Protection Act Comparison Data protection act 1984 summarized This act is concerned with firms, which process personal data about individuals on a computer. It states that they must register with the data protection registrar. The act has eight main principles with which all registered data users much stick by: · 1. The information to be contained in personal data shall be obtained, and personal data shall be processed, fairly and lawfully. · 2. Personal data shall be held only for one or more specified and lawful purposes....   [tags: Papers]

Free Essays
745 words (2.1 pages)

The Data Protection Act Essay

- The Data Protection Act The Data Protection Act (1998) came into force on 1st March 2000. It sets rules for processing personal information and applies to paper records as well as those held on computers. It was brought out because computers were getting more powerful and easy to use. Companies, government and other organisations began to use them to store large amounts of information about people, such as their customers, clients and staff details. Databases with this information can be quickly set up, searched, edited and accessed and take up less space than paper records....   [tags: Papers]

Strong Essays
1444 words (4.1 pages)

Essay on Protection In Literature and Life

- Protect (v): to guard or shield from attack or injury. In many pieces of literature, and in many life tales, the concept of protection is a common value. In the ancient Greek myth of Demeter and Persephone, Demeter tries to protect her daughter, Persephone, when she is kidnapped by Hades. In the Jewish story of the escape from Egyptian slavery, God sent many plagues to protect his people from the torture of the king. However, people haven’t stopped protecting one another in modern day. In my own life, my sister rushed to my protection when I fell in a small river at the age of two....   [tags: Protection]

Strong Essays
537 words (1.5 pages)

Essay Data Protection Act

- Data Protection Act Any organisation that holds or processes personal information must be registered to the Data Protection Act. The Data protection Act means that a company holding personal information cannot pass on personal details and the data must be kept secure. There are 8 principles that state that data must be obtained and used lawfully. Ways of protecting information: * Passwords * Lock the room * ID cards * Alarms * Back ups * Secure computer * Anti virus software * Firewalls The only companies that do not have to comply with the Data Protection Act is police, tax office and National security agencies....   [tags: Papers]

Strong Essays
616 words (1.8 pages)

The European Convention for Protection of Human Rights Essay

- The European Convention for Protection of Human Rights and Fundamental Freedoms is more commonly known as ‘the Convention’ was introduced by the Council of Europe in 1950 and was then enforced in 1953. The reason for the Convention being introduced was to prevent events which occurred during the World War Two from occurring again. The aim of the Convention was to protect individuals’ rights against infringements by the state. The Human Rights Act 1998 developed Convention rights into UK domestic law through a restricted basis, the Act came into force on 2nd October 2000....   [tags: Human Rights Essays]

Free Essays
3007 words (8.6 pages)