A choice selection of Britain’s data protection elite
assembled at Smiths of Smithfield last night, to enjoy the most generous hospitality
of their wonderful hosts, our chums at Promontory.
After a hard day’s data protecting, Smithfield really was
the place to be. In the private room, the semi-private room and elsewhere
within the establishment, earnest discussions on the issues of the day continued
into the small hours. In one corner of the restaurant (pictured), and in the
absence of hard news about the fate of the General Data Protection Regulation,
opinions were shared about likely scenarios.
One person surmised that, given the Commission’s commitment
to do something in the current European Parliamentary term, then some sort of
text would emerge. But, given the frantic atmosphere in which last minute
discussions and political compromises were likely to be made, the final text
would not achieve much. And, when examined in slow time and in detail by the
usual experts, provisions in various articles would be seen to be inconsistent
with provisions elsewhere in the text.
Would this matter? Probably not, if regulators decided to adopt
a local approach to implementation, to reflect local sensibilities. Surely, someone argued, it is better to allow local regulators some
latitude, rather than require them to follow the whims of politicians who don’t
understand in detail what they are legislating about, and who will be leaving
the European Parliament within months of their vote.
Another pointed out that we should not criticise the
regulators. After all, they are only doing their job. They don’t make the laws. The firepower really
needs to be aimed at those who are politically accountable for taking the
relevant decisions. Not those who are to be charged with implementing the decisions.
Let’s face it. Confidence in European institutions is not at
its highest, right now. All over Europe, citizens appear to be increasingly disenchanted
about what is being offered to them from the centre. Accordingly, any new
measures that might cause local citizens to query their necessity might only
cause further disenchantment with the grand European project. That’s absolutely
not what is needed when citizens are about to vote in European elections for candidates
that might cement or sever links between nation states and the European Union.
Another surmised that, no, the Commission and the European
Parliament will come up trumps. Under the guise of the Lithuanian Presidency
during the second half of this year, and the Greek Presidency during the first
half of 2014, heroic efforts will be made by the Council of Ministers and the College
of Commissioners to keep data protection a priority. Other measures, such as
the 70 items of legislation that are needed to implement the EU budget for the
next seven years, as well as preparation for the Eastern Partnership summit,
will wait their turn. Instead, European citizens will be delivered a package of
fundamental human rights that will be so compelling that Commissioner Vivane
Reding will instantly be proclaimed beatified.
I was desperate to hear more from this commentator, but just
at that point they slipped from their chair to the floor.
Well, it was a late
night.
.