Comments on Selected Topics in the Draft EU Data Protection Regulation

53 Pages Posted: 22 Sep 2012

See all articles by Douwe Korff

Douwe Korff

Oxford Martin School - Global Cyber Capacity Centre; Eur. Univ. Viadrina - Centre for Internet & Human Rights; Yale University - Information Society Project; London Metropolitan University

Date Written: September 17, 2012


In January 2012, the European Commission published its proposals for a new EU data protection regime. Not surprisingly, this started extensive debates and lobbying, especially from big industry. The European Digital Rights Initiative, EDRi, hopes to provide comments from the civil society/human rights/digital rights perspective. These comments are being prepared in an EDRi data protection working group. I am am member of that group, and volunteered to provide comments on the topics addressed in this paper. For now, the general consultations and the work of EDRi and this working group is largely confined to issues relating to the centerpiece of the Commission proposals, the Draft EU Data Protection Regulation.

This paper sets out my thinking on my chosen topics, with proposals for specific amendments to the text of the proposed new EU Data Protection Regulation. They are essentially for discussion within the EDRi dp working group, but can also be shared with others. However, I should stress that, for now, the contents of this paper only reflect my own thinking: they do not necessarily reflect the views of EDRi or any of its member organisations. If therefore I have at times (indeed quite often) used “we” in the text, this is merely in anticipation of the text possibly being used by EDRi etc. At other times, when I am clearly referring to my own ideas and work, I have used “I”. I hope this is not too confusing.

The Summaries and Proposed Amendments for this paper can be found at:

Keywords: EU, data protection, human rights, profiling, discrimination, health data

JEL Classification: K00, K19, K29

Suggested Citation

Korff, Douwe, Comments on Selected Topics in the Draft EU Data Protection Regulation (September 17, 2012). Available at SSRN: or

Douwe Korff (Contact Author)

Oxford Martin School - Global Cyber Capacity Centre ( email )

University of Oxford
34 Broad Street
Oxford, OX1 3BD
United Kingdom

Eur. Univ. Viadrina - Centre for Internet & Human Rights ( email )

Grosse Scharrnstr. 59
Frankfurt (Oder), Brandenburg 15230

Yale University - Information Society Project ( email )

P.O. Box 208206
New Haven, CT 06520-8206
United States

London Metropolitan University ( email )

United Kingdom

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