PLG – 01/09/01

The European Data Protection Directive (the “Directive”) must be adopted and adhered to by all European Economic Area Member States. The main aims of the Directive are the protection of an individual’s privacy in relation to the processing of personal data; and the harmonisation of Data Protection Laws throughout the Member States. Personal data is broadly defined as data or information which can identify a living individual, for example name and address, bank details, date of birth. The Directive sets out conditions where the processing of personal data is lawful.

Not surprisingly perhaps, the different European Economic Area Member States have interpreted the provisions of the Directive differently.

The Directive provides that, save for a few exceptions, data processing must only be done with the data subject’s consent. Processing, for the purposes of the Directive, includes obtaining, recording or holding information or data or carrying out any operation or set of operations on the information or data.

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