header-logo header-logo

One stop shop

21 November 2012 / Hle Blog
Issue: 7539 / Categories: Blogs , Data protection
printer mail-detail

HLE Blogger Eduardo Ustaran wonders if appointing a sole EU data protection regulator is a no brainer

"The recent International Privacy Commissioners’ Conference in Uruguay provided a perfect forum as a neutral ground for a fierce policy debate. Regulators and other influential stakeholders in the privacy world locked horns for three days to make the most of this annual gathering. One of the immediate outcomes was the realisation that much work remains to be done if we are to achieve the necessary balance between progress and protection. No other issue symbolised the need for this balance better than the ‘one stop shop’ principle under the proposed EU data protection regulation—the sole competence of one single regulator over the same controller all over the European Union.

As a concept, this principle seems like a no brainer that everyone would be happy with. If anything, having a single regulator with responsibility for supervising the activities of a corporate group across the EU on the basis of the same law should be the most efficient way of managing the limited time and resources that data protection authorities have. If the organisation to be supervised operates on a pan-European basis and the law is the same everywhere, surely this approach is the most logical in the absence of a central European regulator. However, why is it that this concept is proving so difficult to shape to everyone’s satisfaction? There is even a precedent with the concept of a ‘lead authority’ for BCR authorisations which has been working quite effectively for years now. Are national interests preventing this principle from working or is there a more fundamental issue getting in the way?...”

To continue reading go to: www.halsburyslawexchange.co.uk

 

Issue: 7539 / Categories: Blogs , Data protection
printer mail-details

MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
back-to-top-scroll