Monday, February 6, 2012

The European Commission’s Proposed Data Protection Regulation: A Copernican Revolution in European Data Protection Law

Kuner, Christopher. The European Commission’s Proposed Data Protection Regulation:  A Copernican Revolution in European Data Protection Law, prepared for the Privacy and Security Law Report by The Bureau of National Affairs, 2012.

From the paper: "In the 18th century Immanuel Kant famously initiated a ‘‘Copernican revolution’’ in philosophy by shifting the understanding of reality away from external objects and toward the cognitive powers of the individual. The European Commission’s recent proposal for a General Data Protection Regulation (the ‘‘Proposed Regulation’’) attempts a similar revolution in European data protection law by seeking to shift its focus away from paper-based, bureaucratic requirements and toward compliance in practice, harmonization of the law, and individual empowerment. Indeed, the Proposed Regulation represents the most significant potential change to European data protection law since adoption of the EU Data Protection Directive 95/46/EC3 (‘‘Directive 95/46’’) in 1998. …The Proposed Regulation would remake the data protection landscape in Europe by introducing far-reaching changes…" Read more

See Also
European Commission. "Justice Newsroom: Commission Proposes a Comprehensive Reform of the Data Protection Rules."  Last update February 3, 2012.

Sengupta, Somini. "Should Personal Data Be Personal?" New York Times, February 4, 2012.