The European Parliament and Council Recommendation of 2006 is a major step forward in the protection of personal data. It sets out the legal principles and measures to ensure that data collected and processed by public and private organisations in the European Union (EU) is protected and used responsibly. This Recommendation was adopted by the European Parliament and Council on 18 December 2006 and entered into force on 1 January 2007.
Overview of the 2006 Recommendation
Purpose
The purpose of the Recommendation is to ensure that personal data is collected, processed and stored in a manner that respects the fundamental rights of individuals. It is designed to protect the privacy and security of individuals, while also providing organisations with the flexibility to use personal data in a responsible way.
Scope
The Recommendation applies to all organisations, public and private, that are subject to EU law. It covers the collection, processing and storage of all personal data, including data collected online or through other electronic means.
Principles
The Recommendation sets out a number of principles that must be followed by organisations when collecting, processing and storing personal data. These principles include:
- Transparency: Organisations must provide clear and accessible information on how personal data is collected, used and stored.
- Legality: Personal data must only be collected and processed in accordance with the law.
- Data Security: Organisations must take appropriate measures to protect the security of personal data.
- Accountability: Organisations must be accountable for their use of personal data and must be able to demonstrate that they comply with the Recommendation.
Measures
The Recommendation also sets out a number of measures that must be taken by organisations in order to ensure that personal data is protected. These measures include:
- Data Protection Officers: Organisations must appoint a Data Protection Officer to ensure that personal data is collected and processed in accordance with the Recommendation.
- Data Protection Impact Assessments: Organisations must carry out Data Protection Impact Assessments to ensure that personal data is collected and processed in a responsible manner.
- Privacy by Design: Organisations must design their systems and processes in such a way that personal data is protected from the outset.
Enforcement
The Recommendation sets out a number of sanctions that can be imposed on organisations that fail to comply with the Recommendation. These sanctions include administrative fines, criminal sanctions, and the suspension or withdrawal of an organisation’s right to process personal data.
The European Parliament and Council Recommendation of 2006 is an important step forward in the protection
