Tuesday, May 12, 2009
[IWS] RAND: EUROPEAN DATA PROTECTION DIRECTIVE REVIEW [
IWS Documented News Service
_______________________________
Institute for Workplace Studies----------------- Professor Samuel B. Bacharach
School of Industrial & Labor Relations-------- Director, Institute for Workplace Studies
Cornell University
16 East 34th Street, 4th floor---------------------- Stuart Basefsky
New York, NY 10016 -------------------------------Director, IWS News Bureau
________________________________________________________________________
RAND
Review of the European Data Protection Directive [12 May 2009]
By: Neil Robinson, Hans Graux, Maarten Botterman, Lorenzo Valeri
http://rand.org/pubs/technical_reports/TR710/
or
http://rand.org/pubs/technical_reports/2009/RAND_TR710.pdf
[full-text, 99 pages]
and
Summary
http://rand.org/pubs/technical_reports/2009/RAND_TR710.sum.pdf
[full-text, 12 pages]
The Information Commissioner's Office (ICO) asked a multidisciplinary international research team led by RAND Europe with time-lex and GNKS-Consult to review the strengths and weaknesses of the European Data Protection Directive 95/46/EC and propose avenues for improvement.
The Directive can be regarded as a unique legal instrument in how it supports the exercise of a right to privacy and rules for personal data protection. Its principles are regarded in many quarters as a gold standard or reference model for personal data protection in Europe and beyond. However, the Directive must remain valid in the face of new challenges, including globalisation, the ongoing march of technological capability and the changing ways that personal data is used. Although the flexibility of the Directive helps it to remain current, its effectiveness is undermined by the complexity of the cultural and national differences across which it must operate.
In order to understand the strengths and weaknesses of the Directive and to suggest ways in which European data protection arrangements may remain fit for purpose, the study team reviewed the relevant literature, conducted 50 interviews with privacy practitioners and regulators, experts and academics, and ran a scenario-based workshop to explore and evaluate potential avenues for improvement.
The ideas presented here provide some food for thought on how to improve the data protection regime for citizens living in European countries and are intended to spark debate and interaction between policy-makers, industry and experts. Such a review cannot claim to be the last word.
______________________________
This information is provided to subscribers, friends, faculty, students and alumni of the School of Industrial & Labor Relations (ILR). It is a service of the Institute for Workplace Studies (IWS) in New York City. Stuart Basefsky is responsible for the selection of the contents which is intended to keep researchers, companies, workers, and governments aware of the latest information related to ILR disciplines as it becomes available for the purposes of research, understanding and debate. The content does not reflect the opinions or positions of Cornell University, the School of Industrial & Labor Relations, or that of Mr. Basefsky and should not be construed as such. The service is unique in that it provides the original source documentation, via links, behind the news and research of the day. Use of the information provided is unrestricted. However, it is requested that users acknowledge that the information was found via the IWS Documented News Service.
Stuart Basefsky
Director, IWS News Bureau
Institute for Workplace Studies
Cornell/ILR School
16 E. 34th Street, 4th Floor
New York, NY 10016
Telephone: (607) 255-2703
Fax: (607) 255-9641
E-mail: smb6@cornell.edu
****************************************
_______________________________
Institute for Workplace Studies----------------- Professor Samuel B. Bacharach
School of Industrial & Labor Relations-------- Director, Institute for Workplace Studies
Cornell University
16 East 34th Street, 4th floor---------------------- Stuart Basefsky
New York, NY 10016 -------------------------------Director, IWS News Bureau
________________________________________________________________________
RAND
Review of the European Data Protection Directive [12 May 2009]
By: Neil Robinson, Hans Graux, Maarten Botterman, Lorenzo Valeri
http://rand.org/pubs/technical_reports/TR710/
or
http://rand.org/pubs/technical_reports/2009/RAND_TR710.pdf
[full-text, 99 pages]
and
Summary
http://rand.org/pubs/technical_reports/2009/RAND_TR710.sum.pdf
[full-text, 12 pages]
The Information Commissioner's Office (ICO) asked a multidisciplinary international research team led by RAND Europe with time-lex and GNKS-Consult to review the strengths and weaknesses of the European Data Protection Directive 95/46/EC and propose avenues for improvement.
The Directive can be regarded as a unique legal instrument in how it supports the exercise of a right to privacy and rules for personal data protection. Its principles are regarded in many quarters as a gold standard or reference model for personal data protection in Europe and beyond. However, the Directive must remain valid in the face of new challenges, including globalisation, the ongoing march of technological capability and the changing ways that personal data is used. Although the flexibility of the Directive helps it to remain current, its effectiveness is undermined by the complexity of the cultural and national differences across which it must operate.
In order to understand the strengths and weaknesses of the Directive and to suggest ways in which European data protection arrangements may remain fit for purpose, the study team reviewed the relevant literature, conducted 50 interviews with privacy practitioners and regulators, experts and academics, and ran a scenario-based workshop to explore and evaluate potential avenues for improvement.
The ideas presented here provide some food for thought on how to improve the data protection regime for citizens living in European countries and are intended to spark debate and interaction between policy-makers, industry and experts. Such a review cannot claim to be the last word.
______________________________
This information is provided to subscribers, friends, faculty, students and alumni of the School of Industrial & Labor Relations (ILR). It is a service of the Institute for Workplace Studies (IWS) in New York City. Stuart Basefsky is responsible for the selection of the contents which is intended to keep researchers, companies, workers, and governments aware of the latest information related to ILR disciplines as it becomes available for the purposes of research, understanding and debate. The content does not reflect the opinions or positions of Cornell University, the School of Industrial & Labor Relations, or that of Mr. Basefsky and should not be construed as such. The service is unique in that it provides the original source documentation, via links, behind the news and research of the day. Use of the information provided is unrestricted. However, it is requested that users acknowledge that the information was found via the IWS Documented News Service.
Stuart Basefsky
Director, IWS News Bureau
Institute for Workplace Studies
Cornell/ILR School
16 E. 34th Street, 4th Floor
New York, NY 10016
Telephone: (607) 255-2703
Fax: (607) 255-9641
E-mail: smb6@cornell.edu
****************************************
# posted by SBasefsky : 12:31 PM
