文章基本信息

标题：A General Data Protection Regulation for Europe? Light and shade in the Commission’s draft of 25 January 2012
本地全文：下载
作者：Gerrit Hornung
期刊名称：SCRIPT-ed
电子版ISSN：1744-2567
出版年度：2012
卷号：9
期号：1
页码：64-81
DOI：10.2966/scrip.090112.64
出版社：AHRC Research Centre for Studies in Intellectual Property and Technology Law
摘要：On 25 January 2012, the European Commission presented the long-awaited proposal for a reform of the European data protection law. The proposal consists of a “General Data Protection Regulation” (replacing the current Data Protection Directive 94/46/EC) as well as a Directive with regard to data processing for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties (superseding the Framework Decision 2008/977/JHA). This article gives an overview of the draft Regulation and provides a more in-depth insight into selected issues concerning the scope of application, the rights of the data subject, modern data protection instruments and institutional issues. Overall, the proposal contains a number of commendable provisions but also some points worthy of criticism. The latter are particularly related to national data protection regimes which have specific regulatory traditions and provide for elaborated data protection rules under the current European framework. In this respect, Germany serves as an instructive example.