La revisión del régimen jurídico de la privacidad en la Unión Europea

Zusammenfassung

The right to personal data protection is going through a maturity period in the European Union, with an ambitious reform of its legal system, forcing Member States to reform their regulations. The Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, will be replaced by Regulation (EU) 2016/679, of the European Parliament and of the Council of 27 April 2016. This Regulation is attributable to the emerging challenges of technology and globalisation, together with the need for homogeneous and directly applicable regulation that will avoid divergences in the implementation and application of the Directive, although it shall not come into effect until 25 May 2018. Reform, also in the form of a European Regulation with direct application, is extended to the specific risks of electronic communications, and in particular the internet, for the personal information. At a time of renewal of the data protection legal framework from the perspective of common fight against organised crime and terrorism, as evidenced by the Directive 2016/680 for data protection in the police and criminal justice sectors, and the Directive 2016/681 on the use of PNR data.