EU Justice Ministers approve European Regulation to step up Internet data protection

The aim is to maintain a single regulatory framework for the whole European Union, thus unifying the current legal system, as well as to facilitate the free movement of personal details within the framework of the EU and with other countries and international institutions, while respecting the right to freedom of expression, press and the conditions necessary for scientific research, all within the context of the strategy of the digital single market being promoted by the European Commission.

The new legislation will apply to European and non-EU companies that offer their services to users throughout the EU such that only personal information can be handled that has the prior consent of the consumer. This thus simplifies the procedures for those companies that handle personal details. The EU calculates that this will result in a saving of some 2 billion euros per annum in bureaucratic burdens. Member States have also recognised the rights of citizens to be ignored on the Internet such that any users will be entitled to have their personal details deleted should they so request.

The new provisions established by this Regulation include special protection for minors and protection against profiling. Furthermore, data security will be stepped up including the requirement to notify citizens affected of the liability system guaranteeing redress for any harm caused and a special weighting of the freedom of expression that favours the work of the media.

The Spanish Minister for Justice, Rafael Catalá, stressed that Spain's support for this legislation seeks to contribute to achieving a general reform as soon as possible in terms of protection of personal details that will increase citizen control over their own data and reduce the costs for companies by avoiding unnecessary notification formalities. Rafael Catalá described the new legislation as an important Regulation that will allow citizens' rights to be protected throughout Europe and provides companies with harmonised rules in this field, which will foster competition.

At this Council meeting of EU Justice and Home Affairs Ministers (JHA), Spain advocated the need to maintain a high level of protection for individuals' rights, particularly over the Internet, providing Member States with certain flexibility in their adaptation of the Regulation to certain sectors, principally the public sector, whereby it seeks to facilitate compliance with obligations, with particular support for micro-, small- and medium-sized enterprises. Spain also advocated the protection of personal details based not only on a penalty system but also on preventing offences in this field.

The EU Justice and Home Affairs meeting also debated the simplification of the free movement of citizens and companies in the European Union and the creation of the European Public Prosecutor´s Office.