EC Warns UK Government Over Data Protection Laws

by Robin Pilgrim, LawAndTax-News.com, London

19 July 2004

The European Commission has formally asked the UK government to justify the country's data protection laws, arguing that they are not in accordance with the European Data Protection Directive.

Focusing on issued raised in a landmark case brought by Michael Durant against the Financial Services Authority, the EC has revealed that it has concerns regarding the definition of "personal data" and the government's failure to guarantee the right of access to such information.

However, the Commission also feels that insufficient controls on the international transfer of data, and the paucity of investigative powers afforded to UK Information Commissioner, Richard Thomas are areas in which the UK fails to comply fully with the EU Data Protection Directive.

Speaking to the Out-Law news service last week, Internal Market spokesman for the EC, Jonathon Todd announced that:

"I can confirm that the Commission has sent a letter of formal notice to the UK government about the conformity of several aspects of the 1998 Data Protection Law with the EU Data Protection Directive of 1995."

He went on to add:

"In the light of the UK's reply, the Commission will decide whether or not it considers the UK law is in conformity or not, and whether or not to request the UK government to amend its legislation."

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