Data Protection Directive and Compliance

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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
 
CHAPTER VII COMMUNITY IMPLEMENTING MEASURES
 
 
Article 31
 
The Committee
 
1. The Commission shall be assisted by a committee composed of the representatives of the Member States and chaired by the representative of the Commission.
 
2. The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter.
 
The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty. The votes of the representatives of the Member States within the committee shall be weighted in the manner set out in that Article. The chairman shall not vote.
 
The Commission shall adopt measures which shall apply immediately. However, if these measures are not in accordance with the opinion of the committee, they shall be communicated by the Commission to the Council forthwith. It that event:
 
- the Commission shall defer application of the measures which it has decided for a period of three months from the date of communication,
 
- the Council, acting by a qualified majority, may take a different decision within the time limit referred to in the first indent.
 
 
 
FINAL PROVISIONS
 
 
 
Article 32
 
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive at the latest at the end of a period of three years from the date of its adoption.
 
When Member States adopt these measures, they shall contain a reference to this Directive or be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by the Member States.
 
2. Member States shall ensure that processing already under way on the date the national provisions adopted pursuant to this Directive enter into force, is brought into conformity with these provisions within three years of this date.
 
By way of derogation from the preceding subparagraph, Member States may provide that the processing of data already held in manual filing systems on the date of entry into force of the national provisions adopted in implementation of this Directive shall be brought into conformity with Articles 6, 7 and 8 of this Directive within 12 years of the date on which it is adopted. Member States shall, however, grant the data subject the right to obtain, at his request and in particular at the time of exercising his right of access, the rectification, erasure or blocking of data which are incomplete, inaccurate or stored in a way incompatible with the legitimate purposes pursued by the controller.
 
3. By way of derogation from paragraph 2, Member States may provide, subject to suitable safeguards, that data kept for the sole purpose of historical research need not be brought into conformity with Articles 6, 7 and 8 of this Directive.
 
4. Member States shall communicate to the Commission the text of the provisions of domestic law which they adopt in the field covered by this Directive.
 
 
 
Article 33
 
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.
 
 
 
Article 34
 
This Directive is addressed to the Member States.
 
Done at Luxembourg, 24 October 1995.
For the European Parliament
The President
K. HAENSCH
For the Council
The President
L. ATIENZA SERNA
 
(1) OJ No C 277, 5. 11. 1990, p. 3 and OJ No C 311, 27. 11. 1992, p. 30.
(2) OJ No C 159, 17. 6. 1991, p 38.
(3) Opinion of the European Parliament of 11 March 1992 (OJ No C 94, 13. 4. 1992, p. 198), confirmed on 2 December 1993 (OJ No C 342, 20. 12. 1993, p. 30); Council common position of 20 February 1995 (OJ No C 93, 13. 4. 1995, p. 1) and Decision of the European Parliament of 15 June 1995 (OJ No C 166, 3. 7. 1995).
(1) OJ No L 197, 18. 7. 1987, p. 33.
 

Article 1 to 4

Article 5 to 8

Article 9 to 12

Article 13 to 16

Article 17 to 20

Article 21 to 26

Article 27 to 30

Article 31 to 34

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