EU Data Protection Regulation — 7 Oct Meeting of Ministries of Justice

With thanks to Jan Meisels Allen, IAJGS Vice President updating our RPAC post of  2 September 2013

I have previously written about the European Union’s proposed Data Privacy Regulation and the concerns of the genealogical community with the potential for loss of access to records of genealogical value. On October 7 the Ministries for Justice and Home Affairs of the 28 Member States of the European Union met in Luxembourg to further discuss the proposed regulation.  The Ministers were unable to agree on a particular key provision—known as the “one stop shop” principle which resulted in a further postponement of discussion and possible vote until December.  To read the proposed regulation see: http://tinyurl.com/6rzj4se

Original url:

http://ec.europa.eu/justice/data-protection/document/review2012/com_2012_11_en.pdf

The ‘one stop shop” principle, Chapter IV of the draft regulation, would change the current rule that requires multinationals processing personal data established in several EU member countries  to comply with the local requirements of each jurisdiction. The proposal would instead have a supervisory authority of the “main” establishment be in control. The concern by some of the EU countries is that the there is a potential for “forum shopping” going to the jurisdiction offering the lowest level of protection.  While this is not an issue that directly affects genealogists, the fact that the proposed regulation vote has been postponed for the fourth time is of interest to us.  In May 2014 there will be elections and a new European Union Council will be seated, which may affect the decision-making about this proposed regulation.  Once a regulation is adopted by the European Union, then all of the EU member countries are required to comply with the uniform regulation.

To read about the  October 7 meeting see: http://tinyurl.com/kafk9om

Original url: http://www.lexology.com/library/detail.aspx?g=9ed30a80-1069-4265-9846-04e6f6f1de24

Jan Meisels Allen

IAJGS Vice President

Chairperson, IAJGS Public Records Access Monitoring Committee

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