UK Ministry of Justice clarifies Negotiating Position on proposed EU Data Protection Regulation

According to a report by huntonprivacyblog.com, the UK Ministry of Justice outlined its negotiating position on the basis of a previously started Call for Evidence. The Call for Evidence gave a perspective and feedback on the impact of the proposed EU Data Protection Regulation on business and individuals.

The results led to the position of the Ministry of Justice that reassured organizations to negotiate against regulations that would overburden business and for a legislative framework that support economic growth and innovation. The Ministry also stressed that people’s personal data must be protected at the same time.

Following issues need to hold negotiations from the perspective of the Ministry:

• Right to be forgotten: It should be overhauled to clarify its scope and cost implications;
• Bureaucratic and costly burdens on organizations: The Ministry will resist them if no greater protection for individuals is foreseeable; In particular mandatory data protection impact assessments, prior authorization from supervisory authorities and mandatory data protection officers were mentioned as such burdens without benefit for individuals;
• Data Breach Notification: This Provisions will be supported depending on reflected timescales needed to properly investigate the breach and sensible and proportionate thresholds;
• Penalties for Data Breaches: These administrative penalties will be supported with the objective to a more proportionate level of maximum fines;

Powers for the European Commission: The Ministry will push for the removal of many of the powers, especially where there is scope for the European Commission to substantially alter fundamental requirements.