EU Data Protection Regulation update: EU Council agreed on more flexibility for the public sector and postponed decision on “one stop shop” mechanism

On December 4 and 5, 2014, the EU Justice and Home Affairs Council (one of the configurations of the Council of the European Union) made some progress on the EU data protection framework and the Proposal for a European Regulation. It discussed data protection in the public section and the “One Stop Shop” mechanism.

The EU Council reached a partial general approach (16140/14) on specific articles of the proposed EU Data Protection Regulation dealing with data processing in the public sector (Article 1, Article 6, paragraphs (2) and (3), Article 21) as well as with chapter IX (provisions relating to specific data processing situations). Among others, the EU Council agreed that the Member States should be allowed to maintain or introduce national provisions to further specify the application of the data processing rules in the public sector.

The provisions contained in chapter IX relate to specific data processing situations, such as data treatment in case of obligations of professional secrecy, or for archiving, scientific, statistical and historical purposes, in the employment context, or by religious association.

Among other issues, the Council decided that Article 80 should provide for national law to “reconcile the right to the protection of personal data pursuant to this Regulation with the right to freedom of expression and information, including the processing of personal data for journalistic purposes and the purposes of academic, artistic or literary expression”.

The Council also held a debate on the “one stop shop” mechanism (15656/1/14 REV 1); while approving the general structure, the Council concluded that further technical work will be needed in the coming months.

The EU Council released the following items:


For information: Francesca Giannoni-Crystal

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