EU Data Protection Reform: Council Draft Compromise on Proposed Regulation

On 31 May 2013, the Council of the European Union sitting in configuration of Justice and Home Affairs has released a draft Compromise Text responding to the European Commission’s proposed General Data Protection Regulation (the “Proposed Regulation”). The compromise text narrows the scope of the Proposed Regulation and seeks to move from a detailed, prescriptive approach toward a risk-based framework.

In anticipation of the negotiations between the European Parliament and the Council of the European Union, the Irish Presidency has prepared the compromise text for the Council to consider. The Presidency’s amendments are limited to only Chapters I to IV of the Proposed Regulation, and, accordingly, do not offer amendments on issues addressed in later chapters, including international data transfers, powers of the supervisory authorities or sanctions.

The draft compromise text tempers many of the European Commission’s original proposals that had been the subject of some of the most vociferous debate. In particular, it narrows the scope of the Proposed Regulation and seeks to move from a detailed, prescriptive approach toward a risk-based framework. The Presidency also emphasizes that no single part of the Proposed Regulation can be finalized until the text of the whole Proposed Regulation is determined.

Council of the European Union, "Key Issues of Chapter I-IV of the General Data Protection Regulation", Document 10277/13, 31 May 2013

Council of the European Union, "Key Issues of Chapter I-IV of the General Data Protection Regulation", Synopsis of suggested changes, Annex to Document 10277/13, 31 May 2013

For a helpful summary of the suggested Compromise Text see "Council of the European Union Releases Draft Compromise Text on the Proposed EU Data Protection Regulation", Privacy and Information Security Law Blog, post of 4 June 2013