EIRP Proceedings, Vol 7 (2012)

Abstract

“Personal data” means any information relating to an identified or identifiable natural person. An identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity. There are different ways in which an individual can be considered ‘identifiable’. A person’s full name is an obvious likely identifier. But a person can also be identifiable from other information, including a combination of identification elements such as physical characteristics, pseudonyms occupation, address etc. International and national authorities tried to adopt different types of regulations in order to protect individuals’ personal data and to inform them with respect to their rights. The legal provisions are continuously changing according to the new realities (society and economy are changing, individuals are using different kind of communications).

In order to have a strong protection of personal data and unitary rules for all member states, the European Commission published in January 2012 a proposal for a General Data Protection Regulation on the protection of individuals with regard to the processing of personal data and on the free movement of such data, which will supersede Directive 95/46/EC. A regulation was considered the most appropriate legal instrument to define the new framework for the protection of personal data in the European Union: is directly binding upon the Member States, is directly applicable within the Member States and as soon as a regulation is passed, it automatically becomes part of the national legal system. The document shall be discussed by the European Parliament and the EU Member States meeting in the Council of Ministers for discussion. The rules will take effect two years after they have been adopted.