RD313 - ETNO Reflection Document on the EC Public Consultation on the Framework Data Protection Directive

ETNO  welcomes the EC public consultation on the legal framework for data protection. The current EU legal framework introduced a high level of protection. However, in the light of the speed of technological change, some adjustments may be necessary to maintain the same level of protection of individuals’ fundamental rights while, at the same time, improving legal certainty and flexibility for EU companies
The basic principles of the Framework Data Protection Directive (Directive 95/46/EC) are still valid. More than modifying the current Framework Data Protection Directive, emphasis should be put on ensuring harmonisation amongst Member States’ national laws and effective implementation.

• ETNO  welcomes the EC public consultation on the legal framework for data protection and wishes to contribute to the important debate on the future of data protection in the European Union
• Data Protection is a Fundamental Right. The current EU legal framework introduced a high level of protection. However, in the light of the speed of technological change, some adjustments may be necessary to maintain the same level of protection of individuals’ fundamental rights while, at the same time, improving legal certainty and flexibility for EU companies
• The basic principles of the Framework Data Protection Directive (Directive 95/46/EC) are still valid. The Madrid Resolution maintains the reference to the basic principles such as lawfulness and fairness, purpose specification, proportionality and data quality.
• Therefore, more than modifying the current Framework Data Protection Directive, emphasis should be put on ensuring harmonisation amongst Member States’ national laws and effective implementation. Indeed, one of the main shortcomings of the Directive is that its implementation has not achieved the desired level of harmonisation amongst Member States. This lack of level playing field has affected European companies operating in various Member States, putting them in a competitive disadvantage.
• A “level playing field” should be granted for all entities that run websites and services which target European citizens, regardless to the fact that the controller has an establishment within the EU.