92000E3633

WRITTEN QUESTION E-3633/00

by Marco Cappato (TDI) to the Council

(22 November 2000)

Subject: Report on Directive 95/46/EC and its possible revision

Article 33 of Directive 95/46/EC(1) of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data reads: The Commission shall report to the Council and the European Parliament at regular intervals, starting not later than three years after the date referred to in Article 32(1), on the implementation of this Directive, attaching to its report, if necessary, suitable proposals for amendments. The report shall be made public. The Commission shall examine, in particular, the application of this Directive to the data processing of sound and image data relating to natural persons and shall submit any appropriate proposals which prove to be necessary, taking account of developments in information technology and in the light of the state of progress in the information society.

Does the Council believe it is necessary to amend the directive? If so, in what respects and when? What is the timescale envisaged by the Council for examining, and stating a position on, proposal for a directive COM(2000) 385?

(1) OJ L 281, 23.11.1995, p. 31.

Reply

(24 April 2001)

The Council has not yet discussed whether it is necessary to amend general Directive 95/46/EC and if so, in what respects. It will do so when it receives the first report from the Commission on the implementation of the Directive, together with any proposals the Commission may make. Under Articles 32 and 33 of the Directive, the report is due to be presented by the end of October 2001.

Moreover, on 28 August 2000 the Commission submitted to the Council a proposal for a Directive concerning the processing of personal data and the protection of privacy in the electronic communications sector (COM 2000 (385)). The aim of the proposal is not to make major changes to Directive 97/66/EC, but merely to adjust and update its content to take account of technical developments and ensure that the rules are technology-neutral and afford a high level of protection. The proposal is part of the legislative package which the Commission forwarded to the Council at the end of August 2000 in the context of the review of the regulatory framework for telecommunications. The Council began its examination of four of the proposals in the package without delay. As regards the proposal in question, and on the basis of the current scheduling of meetings, it is planned to include this item on the agenda for the Council meetings on 5 and 6 April and 27 and 28 June 2001, with a view to holding a debate whose content will be dictated by the stage reached in the technical work by the Council Working Party.