The Transposition into UK Law of EU Directive 95/46/EC (the Data Protection Directive)

This paper considers the factors which are required to be taken into account in transposing the EU Data Protection Directive into UK law, in the light of the Directive's objects, the options available to the UK government and the UK Data Protection Registrar's views. The choice between primary and secondary legislation, the extent to which the UK's 1984 Data Protection Act requires adaptation and the signi cance of the Directive's object of protecting the right of privacy are discussed. The Home Of ce consultation, and the Registrar's response, are referred to, and some outstanding uncertainties are considered. With the Directive's deadline for transposition set at 24 October 1998, the UK's legislative process has some way to go. Draft legislation has not yet been published, though the government has announced its intention of going no further than is necessary to comply with the Directive. This still leaves uncertainty about the extent to which the 1984 Act will need to be amended. The Registrar favours ...