European Parliament Moves Toward Stricter Privacy Regime

The European Parliament has endorsed a privacy regulation that would have a profound impact on companies doing business in Europe and world-wide, according to a Sidley & Austin update, which notes this regulation has been described as the most lobbied piece of European legislation in history. A number of other procedural steps would have to be taken before it would become law, but this plenary endorsement by the European Parliament is considered a significant step, according to Sidley, and there is a good chance the regulation or something like it will be approved by the end of this year. It includes a heavy enforcement regime and a so-called “Right of Erasure” with regard to personal data, and would apply not only to European companies, but also to businesses based outside the EU, as long as they offered goods or services to Europeans and process their personal data. The European Parliament also passed a Resolution, a response to revelations about NSA and other government surveillance, but this is considered less likely to pass. It would include, among other things, a suspension of Safe Harbor and the creation of what is being called “European Digital Habeas Corpus.”