In January 2012, the European Commission, following extensive consultations, published a draft Regulation. The initiative had three priorities – modernisation of the legal framework for the protection of personal data, harmonisation of the rules across the EU (proposing a single Regulation rather than a Directive that is implemented via 28 national laws) and maintaining existing levels of protection. These goals were to be underpinned by more efficient implementation measures.
After three years of discussions following the first proposal being made by the European Commission (and a first reading by the European Parliament that was finalised in 2014), the Council has decided to agree on a new text (a “general approach“) that will be the object of current trilogues.
The trilogue discussions between the three institutions officially started on 24 June 2015 with the first meeting in Brussels. In order to explain the process, we will be publishing information and analysis in this document pool. We will update this post as the negotiations advance.
For more analysis and campaign materials go to the EDRi data protection archive.
Selected Documents (a more exhaustive collection of documents can be found on Carlo Piltz’ website):
- 22.12.2011: EDRi’s blog post: US lobbying against draft Data Protection Regulation (including a leak of the first draft)
- 01.02.2012: ENDitorial: EDRi’s initial comments on the Data Protection Regulation
- 25.01.2012: Legislative proposal by the European Commission
- 22.10.2013: Non-official consolidated version provided by the Rapporteur after the LIBE vote
- 12.03.2014: Texts adopted in Plenary
- 03.03.2015: EDRi press release on the leaked documents from the Council and our Broken Badly analysis of the texts.
- 11.06.2015: General approach adopted in the Council
- 15.06.2015: EDRi’s press release on the current text of the GDPR
- 26.06.2015: Document to be discussed in the trilogue meeting next 14 July.
- 27.07.2015: EDPS recommendation on on the EU’s options for data protection reform (Opinion 3/2015)
- 27.07.2015: EDPS comparative document with of GDPR texts with EDPS recommendations
- Analysis by EDRi of Chapter V.
- Analysis by EDRi, Access, Privacy International, fipr, Panoptykon and Bits of Freedom on Chapters II, III and IV.
- Analysis by EDRi, Access Now, fipr and Panoptykon on Chapters VI, VII and VIII
- Update: General Data Protection Red Lines prepared by EDRi, Access Now, Privacy International and Panoptykon. (4 November 2015)
- Document from the EU Council with the consolidated text of the Regulation (27.11.2015): http://statewatch.org/news/2015/nov/eu-council-dp-reg-whole-text-14481-15.pdf
- Note for the prepartion of the trilogue (27.11.2015): http://statewatch.org/news/2015/nov/eu-council-dp-reg-prep-ttilogue-14605-15.pdf
- Final texts of the Regulation and the Directive passed in LIBE (click on the “consolidated texts”) and Press Release from EDRi and its members/observers on the outcome.
The calendar of the negotiations is:
– 24.06.2015: Brussels (subject to agreement with Commission and Council)
1st Trilogue Meeting on the Regulation
Commitment for the Directive in Council
Agreement on the overall roadmap for Trilogue negotiations
General method and approach for delegated and implementing acts – 14.07.2015: Brussels (subject to agreement with Commission and Council)
2nd Trilogue Meeting on the Regulation
Territorial scope (Article 3)
International transfers (Chapter V) – Further Trilogue roadmap
(All subject to agreement with Commission and Council) September
Data protection principles (Chapter II)
Data subject rights (Chapter III)
Controller and Processor (Chapter IV) October (15th in Brussels, and 28th in Strasbourg)
Data Protection Authorities (Chapter VI)
Cooperation and Consistency (Chapter VII)
Remedies, liability and sanctions (Chapter VIII) November (11th-12th in Brussels and 24th in Strasbourg)
Objectives and material scope, flexibility public sector (Chapter I)
Specific regimes (Chapter IX) December (10th in Brussels and 15th in Strasbourg)
Delegated and Implementing Acts (Chapter X)
Final provisions (Chapter XI)
Other remaining issues