The EU has announced that "nothing stands in the way" of its ePrivacy
Directive, paving the way for stronger rules surrounding data breaches and other
privacy issues.
The EU said that, since the telecoms reform package had been approved, any
work left to do on its rules was just a formality, with the new ePrivacy
Directive requiring compulsory adoption by member states within 18 months.
The 'formalities' required for the EU's formal adoption of the rules are
expected to take just a few weeks, and once completed will tighten up rules
surrounding security breaches, spyware, cookies and spam.
Under the new rules, if an ISP is involved in a data breach involving
individuals' personal information, they will have to notify the people involved.
The EU suggested likely scenarios including, "those where the loss could result
in identity theft, fraud, humiliation or damage to reputation".
Other rules will ensure the 'reinforced' protection of communications, such
as how and when cookies are installed on user machines, and the right to bring
'effective legal proceedings against spammers'. This last change will apply to
both individuals and ISPs, the EU said.
European data protection controllers will also find their powers extended,
and will be able to order that any breaches of their rules are immediately
stopped, whether on their own shores, or cross-European borders.
Peter Hustinx, the European data protection supervisor, said, "I welcome the
many improvements in the protection of privacy in the revised ePrivacy
Directive. But it is now crucially important to broaden the scope of the
security breach provisions to all sectors and further define the procedures for
notification.
"Also, the new rules must be effectively enforced. I note in particular the
emphasis on more effective enforcement of the rules on spyware and cookies. This
has special relevance where privacy rights must be protected in relation to
so-called targeted advertising."
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