UK justice minister calls for evidence on modernising EU data protection law

Lord McNally wants evidence to inform British contribution to debate

UK justice minister Lord McNally has called for evidence about the need to modernise EU data protection law.

The aim is to inform a British contribution to negotiations on a reform of the EU Data Protection Directive, launched in Brussels in March.

Concerns surround the terms "data controller" and "data processor" in the Data Protection Act, what is meant by "personal data" and whether adequate protection is given to vast amounts of data transferred abroad.

The consultation exercise ironically follows the UK government's decision to opt in to an agreement between the EU and US, allowing European financial messaging data to be fed into the US Treasury's Terrorist Finance Tracking Program. This is despite a demand from the European Data Protection Supervisor for more proof the process is necessary and more protection for the data involved.

Lord McNally wants submissions on how the directive can be improved by 6 October this year.

The UK government is also seeking comment on a provisional review of the impact of the Data Protection Act.

Lord McNally said the digital revolution means shops, online retailers, banks, government agencies and departments can transact business efficiently but it involves the disclosure of information about individuals – for some a price worth paying but for others "an uncomfortable intrusion" and "a worrying imbalance of power".

He said he believed "we have everything to gain from a sensible, proportionate and rights-based protection framework".

Existing EU law dates from the early 1990s when IT was in its infancy and while huge technical advances have taken place, enabling the transfer of vast amounts of information, the law has remained static.