Privacy & Cybersecurity Law Blog

According to a spokesperson at the European Commission, the publication of the proposal for the review of the EU Data Protection Directive (95/46/EC) has been postponed until late February or March 2012. The draft proposal was scheduled to be officially released in late January after it was leaked in December 2011. According to various sources, the proposal received negative responses from several Directorates-General over the course of the “inter-service consultation,” some of whom have voiced their concern that the proposed new framework would be stricter than the current legal framework and thus may have a negative impact on businesses. For example, parts of the proposal, such as the right to be forgotten, are viewed by some as potentially too burdensome for companies.

The delay in the release date for the proposal will push back the formal adoption of the draft proposal by the European Commission. Viviane Reding, Justice Commissioner and Commission Vice-President, is said to be working on a communication in which she will outline several key goals and objectives for the draft proposal. At this time the draft proposal has not yet entered into the legislative process and may undergo substantial changes before it reaches that stage.

Visit our blog for regular updates on the release of the proposal.

Update: On January 13, 2012, a spokesman for Viviane Reding responded to reports about the delay, indicating that the draft was on track for release by the end of January.