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

900 Words 4 Pages
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. In the article 8 of the Charter it is stipulated that personal data must be fairly processed and with the consent of the concerned person .

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The directive also defines the principles under which personal data can be processed. If these three categories: transparency, legitimate purpose and proportionality are not met than personal data should not be processed at all.

As the Directive is a legislative act setting out goals that each Member State must implement accordingly, in Article 28 it is stipulated that each Member State must set up a special, independent supervisory authority that will monitor all data protection and start legal actions when data protection has been violated. Additionally, complaints about violation may be addressed to the supervisory authority .
Shortcomings in the Directive

The Directive was proposed almost 20 years ago and in the light of recent industry developments, it is only normal that a number of issues are outdated. As mentioned before, the Directive is supposed to be a strong, legal framework set out to protect the privacy of individuals and in the same time sustain the development of a digital environment. However, this framework delivers a poor level of compliance. There are clearly many aspects left out that are confusing and unclear for both data controllers and

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