Data Protection Update — January 2014: EU regulation
European justice ministers have still not come to an agreement on the ‘one-stop-shop’ mechanism due to differing legal arguments.
In October, Stephenson Harwood outlined the concept of a ‘lead authority’ that would regulate a data processor or controller, consulting with other competent authorities to reach a decision. However, in a meeting in Brussels of the justice ministers on 6 December 2013, ministers struggled to decide whether it should be the territory in which the breach occurred or where the infringing company is based that dictates who shall be the lead data protection authority (or whether a ‘co-decision’ model be adopted, as favoured by France) and these polarised views meant that no decision could be made…
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