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Five EU member states stiill to implement the directive [2000] PLBIRp 4; (2000) 52 Privacy Laws and Business International Report 5

Five EU member states still

to implement the directive

THE EU COMMISSION took five member states to court in January for failing to implement the EU Data Protection Directive. Meanwhile, Spain has adopted a new law, and the UK is preparing to have its new law in force from 1st March - a date by which the secondary legislation should have been adopted.

The EU Commission decided to take France, Luxembourg, the Netherlands, Germany and Ireland to court for not having implemented the EU Data Protection Directive in time. When the directive entered into force on 25th October 1998, the Commission started infringement procedures. The decision to take these countries to the European Court of Justice in Luxembourg was the third and final stage of these procedures.

GERMANY'S LONG DELAY

The process of adopting new national laws has been slowed down for various reasons. In Germany, parliamentary work has yet to begin. The latest delay is due to arguments made by the press that the proposal for a new law jeopardises press freedom. According to Datenschutz-Berater, a Germany-based privacy newsletter, the Minister of the Interior had blocked the bill due to pressure from Germany's press and publishers' associations. The Berlin Data Protection Commissioner, Professor Dr. Hansjürgen Garstka commented on the issue in a press release by stating that "while the bill can be criticised in many respects, the criticism does not apply to the provisions dealing with the media."

FRANCE, IRELAND, AND THE NETHERLANDS

France was still waiting, at the beginning of February, for the publication of the data protection bill that will implement the directive. There has been a wide consultation that ended at the beginning of December last year. It is expected that once the bill has been published, it will be debated in Parliament during spring 2000.

At the beginning of February, the Irish data protection bill had not yet been published. It is, however, expected that a new law will be enacted by summer 2000.

The Netherlands has also made some progress. The Second Chamber of the Parliament adopted a bill last December. The First Chamber is expected to discuss the bill in February 2000.

SPAIN AND DENMARK AVOID BEING TAKEN TO COURT

The failure to transpose the directive does not free EU member states from applying it. Even if the implementing legislation has not yet been adopted in these five countries, individuals who have suffered damage as a result of this failure are entitled to seek compensation before national courts.

Spain adopted a new data protection law (15/99) on 13th December 1999 thus narrowly avoiding the EU infringement procedures. The law came into force immediately. We will report in detail about the law's provisions in the next issue of the Privacy Laws & Business Newsletter.

Denmark, which has partly implemented the directive, published a new data protection bill on 9th December 1999 (L. 147). The Danish Parliament is likely to discuss the bill soon.

SEVERAL NEW LAWS IN FORCE

The countries, apart from Spain, that already have new data protection laws in place are:

o Italy (PL&B May '98 p.6)

o Greece (PL&B May '98 p.6)

o Sweden (PL&B Dec '98 p.7-8)

o Belgium (PL&B Feb '99 p.9-11)

o Finland (PL&B July '99 p.3-4)

o Austria (PL&B Dec '99 p.3-4),

o UK and Portugal.

The UK, which adopted a new law in 1998, has had to wait for implementation until the secondary legislation is in place (PL&B Dec '99 p.2). Most of the statutory instruments needed have been published in draft form, the latest being the draft notification regulations (see page 6-7). The new law will be in force from 1st March.

For advice on the new European data protection laws and their implications for business, contact Privacy Laws & Business,

Tel: + 44 (0)20 8423 1300

Fax: + 44 (0)20 8423 4536

E-mail: info@privacylaws.co.uk

Internet: http://www.privacylaws.co.uk

Contact Datenschutz-Berater at

Augustinusstrasse 11B, D-50226

Frechen, Germany,

Tel: +49 (0) 2234 65240