§ Earl Howeasked Her Majesty's Government:
Whether they will make public the text of the European Union Commission's letter of formal notice setting out those areas of the Data Protection Act 1998 which the Commission believes may not be compatible with Directive 95/46/EC. [HL594]
§ The Parliamentary Under-Secretary of State, Department for Constitutional Affairs (Baroness Ashton of Upholland)The European Commission, as part of its review of the implementation of the 1995 Data Protection Directive by each member state, has raised a number of issues with the UK. We are in discussion with the Commission about these issues. We currently have no plans to disclose the detail of those discussions, or any related correspondence, as the formal Commission investigation process is still taking place. If the Government were to disclose the information requested, it would prejudice the negotiating process between the UK and the Commission and so prejudice UK interests.
§ Earl Howeasked Her Majesty's Government:
Whether, in light of the European Union Commission's recent letter of formal notice, they consider that the United Kingdom may not have adequately implemented Directive 95/46/EC; and, if this is the case, in what respects. [HL595]
§ Baroness Ashton of UphollandThe formal European Commission investigation into the UK's implementation of the Data Protection Directive is still ongoing. UK officials are in discussion with those from the EC regarding those areas where the Commission has raised concerns. However, we believe that the UK has properly implemented the Data Protection Directive via the Data Protection Act 1998 and other relevant provisions of UK law.
15WA
§ Earl Howeasked Her Majesty's Government:
Whether they have been notified by the European Union Commission that, in the light of the decision by the Court of Appeal in the case of Michael John Durant v the Financial Services Authority (2003), the meaning of the term "personal data" as defined in the Data Protection Act 1998 may not adequately reflect the intention of Directive 95/46/EC. [HL596]
§ Baroness Ashton of UphollandThe European Commission has raised a number of issues with us regarding the UK's implementation of Directive 95/46/EC. We are currently in discussion with the Commission about these issues. So far as the decision of the Court of Appeal inDurant v FSA is concerned, we see no reason to conclude that it casts any doubt on the fact that the definition of "personal data" in the Data Protection Act 1998 can, and should, be applied consistently with the definition in the directive.