1. European Data Protection reform: preparing for the future Richard Syers - Strategic Liaison, ICO 12 September 2014

2. EU General Data Protection Regulation Current DPA is based on Directive 95/46/EC Law needs to be updated The Regulation is intended to replace the Directive Still unclear when agreement will be reached

3. The future of DP reform: What have we learned so far? International harmonisation isn’t easy to achieve Personal data is hard to define, a pseudonymous data class doesn’t help We need to deal effectively with organisations that operate globally Need for genuine data subject benefits and coordinated policy approach

4. Preparing for the long term Too much current uncertainty for detailed planning Positive compliance with the current law is the best preparation for the future Information collection and use is more of an issue than ever for consumers: this is sure to continue Find better ways of delivering rights and choices

5. The future of DP reform DP reform still very much on the agenda Some obvious emerging themes (EU + global): Role of consent / individuals’ control Enhanced transparency Privacy enhancing technologies Enhanced / harmonised DPA activity Data Protection Officers Privacy Impact Assessments Certification, seals and marks

6. Privacy Impact Assessments ICO has recently released update PIA code of practice Privacy issues are much easier to build in at the start of a project than bolt on afterwards May become a legal requirement under new Regulation Can form part of an organisation’s overall risk assessment It is the process that is important, rather than the final document

7. Privacy Seals ICO intends to endorse a third party certification body to operate privacy seal scheme Draft proposals for EC general data protection regulation (Article 39) Appetite for move towards co-regulatory/self-regulatory approach Privacy as a “brand differentiator”

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