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Locks and Security News: your weekly locks and security industry newsletter
17th April 2024 Issue no. 701

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We have Mail: ICO response to EU Data Retention Directive

As you are aware in January the European Commission published its proposals on what the European data protection legal framework will look like in the future. The publication of these proposals is important to the UK as the UK Data Protection Act is drawn from the European Directive and therefore the EU's new proposals also have a direct impact on the future of the Data Protection Act in the UK.

The ICO's initial response to the proposals was published on the ICO website the same day as they were announced. This response can be found on the ICO website at:

http://www.ico.gov.uk/news/latest_news/2012/statement-initial-response-new-data-protection-regulation-proposals-25012012.aspx

In the last two months the ICO has produced an initial analysis of the proposals. The paper provides a more detailed overview of the most significant parts of the proposed instruments and draws attention to those aspects which we believe still need further consideration. We hope our views will help to inform the debate and this document is available at:

http://www.ico.gov.uk/news/~/media/documents/library/Data_Protection/Research_and_reports/ico_initial_analysis_of_revised_eu_dp_legislative_proposals.ashx

The document above provides the ICO's views on how long, and under what circumstances, personal data should be retained. In particular, the ICO believes that both the Regulation and the Directive would benefit from provisions requiring the establishment of appropriate time limits for the retention and deletion of personal data and for a periodic review of these time limits.  

The Article 29 Working Party - made up of the ICO and the other EU data protection regulators - has also now published its response to the European Commission's proposals and their response is available at:

http://ec.europa.eu/justice/data-protection/article-29/documentation/opinion-recommendation/files/2012/wp191_en.pdf

The Working Party also express concerns that the Directive fails to include important elements regarding the retention of personal data (including retention periods). 

The European Parliament and EU states will now discuss these proposals taking into account the feedback received, including that from the ICO and the Article 29 Working Party. As these proposals are some way off being finalised we have nothing further to add outside of the views already submitted in the documents included in  the first two links above.

I hope this information proves useful.

Greg Jones Press Officer

Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.

T. 01625 545 832, ICO Press Office. 0303 123 9070 www.ico.gov.uk

4th April 2012




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