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EU Data Protection and International Guidelines

Data Protection is one area where it seems the world's many legal systems are still playing catch-up. With so much of our data in both digital and paper form being used to facilitate identity theft on a regular basis, it's understandable that individuals and organisations are concerned. Data Protection laws, both within individual nation states and at an international level, have undergone enormous changes in recent years.

While the EU has developed detailed legal specifications, rules and recommendations with regard to multiple areas of Data Protection, studies have found that an alarming amount of organisations across the continent and elsewhere pay little regard to these issues. The real risk involved in not implementing Data Protection guidelines effectively is a serious and costly one, but it seems many individuals and employers remain unaware of it.

Although the EU guidelines are generally regarded as rigorous and detailed, approaches to Data Protection vary enormously around the globe. The USA in particular has been shown to exhibit a much lower degree of concern in legal terms when it comes to protecting the data rights and interests of people and organisations.

Differences between the EU and the US
The EU definition of rights and responsibilities of individuals in Data Protection terms is extremely thorough and detailed. EU guidelines regard Data Protection as applying to any processing or handling of personal data including everything from storage, retrieval and transfer through to amendment and deletion.

While the EU has taken the approach of creating a clear, well-defined outline of the rights and responsibilities involved in Data Protection, the US has taken more of a case-based approach, with any legal progress being forged on the basis of court cases and legal action. In general, the US approach is more voluntary. Rather than organisations having an automatic level of responsibility in Data Protection, with associated prohibition in terms of the activities they carry out with this data, only a subset of data processing and handling activities are actually prohibited at all.

It is generally the case that with EU guidelines, companies and organisations have a well-defined responsibility to protect the Data Protection rights of those whose data they are in possession of. In the USA on the other hand, data held, for example by state authorities, is regarded as being public property, meaning the people to which that data relates are afforded little protection.

Difficulties
The differences between US and EU guidelines on Data Protection have caused numerous difficulties for organisations and communications between people within these different areas. For example, German bodies have particular difficulty when it comes to sharing or communicating data with American organisations and personnel, since as soon as that data has been transferred, the responsibilities associated with it according to EU guidelines will no longer need to be upheld.

Progress
Data Protection law and guidance is still in the early stages. However, the different approaches taken by different national and international administrations is set to create major challenges well into the future.
 

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