ICC Response to the European Commission Consultation on the Legal Framework for the Fundamental Right to Protection of Personal Data

ICC has been actively involved for many years in constructive dialogue with the Commission and other international bodies (such as APEC and the Council of Europe) regarding data protection. ICC’s efforts have resulted in the drafting of instruments to facilitate data protection and international data flows, such as the alternative controller-to-controller standard contractual clauses originally approved by ICC and approved by the Commission (2004); the standard application form for binding corporate rules (BCRs) approved by the Article 29 Working Party (2006); and the new set of controller-to-processor standard contractual clauses currently being considered by the Commission.

The Directive was finalized prior to the vast expansion of Internet access and use of sophisticated electronic communications. This consultation provides an opportunity for the Commission to evaluate whether changes are necessary to the Directive to accommodate the Internet, mobile commerce, and other innovations in the information economy to reflect current business realities.