Data Protection – EU regulations

Friday 21 March 2014

Reforms of EU Data Protection rules are likely to affect almost every business in Jersey, Data Protection Commissioner Emma Martins has warned.

The EU is currently working on a new Regulation updating Data Protection laws that will bring legislation across EU member states into line. The purpose of the reform is to make it easier for companies to do business across European borders without having to contend with different procedures and legislation in each jurisdiction, as well as strengthening individuals’ rights over their own information.

The commission is working with the Channel Islands Brussels Office to track the changes and ensure that Jersey is able to react to them.

The commission’s work in this area has been welcomed by Digital Jersey chairman Paul Masterton, who says that Jersey must maintain its commitment to meet the highest international standards for regulation.

The EU reforms are taking place against a backdrop of widespread political concern in Europe about recent revelations on NSA spying activities, and an increasing focus on “The Right to be Forgotten” – the ability for a person to wipe clear their own personal history online and on social media.

Data Protection Commissioner Emma Martins said: “We are working very hard with the Channel Islands Brussels Office, who have been following this closely and who are actively engaging with the commission. We do not want to see the Channel Islands disadvantaged – we want to be fully prepared for the changes and incorporate them into local legislation where that is required.”

Mr Masterson said they were following with interest the latest news regarding the proposed EU Data Protection Regulation and Directive.

“While it is possible that Jersey may need to update its local legislation in order to continue to comply, this is in line with our general commitment to meet the highest international standards of regulation. By increasing the scope of protection for personal data, we would have the opportunity to enhance our reputation as a compliant jurisdiction and demonstrate a commitment to Human Rights. In addition, by complying with the EU data protection standards, it would ensure the existence of legal certainty for businesses in the Island, while at the same time reducing red tape, which is something our industry would welcome.’