The Closing of the Net  "original and valuable"  Times Higher Education

The EU Data Protection Regulation has  four times the number of amendments as the Telecoms Package.  How will the rapporteur handle this disproportionate application of lobbying?

 The full scale of the lobbying crisis over new European privacy rules has been exposed today as the rapporteur, Jan Albrecht, published his full draft report with  amendments. They total a staggering  three thousand, one hundred and thirty-three,  on 1347 pages. He  will need a court-room trolley to carry them around. How will he handle the massive conflict that the content of the amendments reflects ? 

 The amendment total is almost four times that of  the Telecoms Package, to which around 800 amendments were tabled. The Telecoms Package was a big piece of legislation, comprising five directives. That suggests that the fight over the content of the EU Data Protection Regulation is meltingly hot.

 The volume of amendments is due the astonishing scale of lobbying. There are some half a dozen industries that have a position  in the  new privacy law, including banking, publishing, telecoms,  healthcare, and insurance. They have been actively canvassing the European Parliament with the amendments that they would like to see to protect their own business interests. Given the laundry lists of lobbying documents that have been compiled, it is likely that  a large number  of the amendments originated with industry (and based on my own past experience, this suspicion may well be correct).

 By contrast, scale of  the NGO lobby has recently been  exposed on a website that helpfully provided an extensive laundry list of NGO amendments, together with the names of the MEPS tabling them.  There is  a well-organised and surprisingly large NGO lobby, including citizens advocacy groups from around Europe. 

 Taken altogether, the industry and NGO lobbying  takes the overall  level of  “noise” well off the Richter scale for European legislation. And of course, it is precisely on the interface between industry and the NGOs where the hottest part of the conflict will fire off.

  To say that Mr Albrecht has a tough job is an understatement. As rapporteur, his role is to pilot the Regulation through the European  Parliament. He will have  establish a consensus position for the Parliament as a whole. Where there are conflicts, he has to  find compromises between the different political positions.

 As a Green MEP, he was very lucky to be given the role of rapporteur on this piece of legislation, which is regarded as being of some importance in the EU. To date, European data protection law has set the gold standard for privacy protection. The Greens, as a small group within the Parliament,  don’t get so many opportunities to take a rapporteurship.

 Moreover, Mr Albrecht comes from the new intake at the last European Parliament elections. He has no previous experience of shepherding legislation. He was was given the chance because he is a German lawyer and  has developed a good reputation within his short time in Brussels.

 Mr Albrecht is charged with a high responsibility. It will be interesting to see how he is able to weed out the important issues and how he can build those compromises.

 Catherine Trautmann struggled with the Telecoms Package, and she is a very experienced politician and former French Culture Minister. She had to deal with not only copyright, but also telecoms infrastructure competition, and was quite  stressed by the end of  the second reading.

 Mr Albrecht  will have to set his personal preferences to one side as he attempts  to balance the many fighting  interests that will surely be paying him a visit.


*I’m still working some analysis of the amendments – it’s a bit trickier than it looks. As always, there is not complete consistency, and any allegation concerning the tabling of  lobbyists amendments  should be placed into context.


  This is an original article from If you refer to it or to its content,  you should cite my name as the  author, and provide a link back to  Media and Academics – please cite as Monica Horten,  EU data privacy law gets a whopping 3133 amendments,   in,  19 March 2013 . Commercial users - please contact me.







The Copyright Enforcement Enigma tells the story of the 2009 Telecoms Package and how the copyright industries tried to hijack it.

'accurate and absorbing account of the story of the Telecoms Package' -Journal of International Commercial Law and Technology

'...a must read for those interested in knowing in depth about copyright enforcement and Internet.' -Journal of Intellectual Property Rights.  

Read more  

Ask your library to get it!

Order direct from the publisher.

Go to   Amazon

Copyright Enforcement Enigma launch, March 2012

European Parliament launch for Copyright Enforcement Enigma

Don't miss Iptegrity!  RSS/ Bookmark is the website of Dr Monica Horten, European expert on Internet policy and Visiting Fellow at the London School of Economics & Political Science. She is an independent expert on the Council of Europe Committee on Cross-border flow of Internet traffic and Internet freedom (MSI-INT). She was shortlisted for The Guardian Open Internet Poll 2012. Iptegrity  offers expert insights into Internet policy. Iptegrity has a core readership in the Brussels policy community, and has been cited in the media. Please acknowledge Iptegrity when you cite or link.  For more, see IP politics with integrity is made available free of charge for  non-commercial use, Please link-back & attribute Monica Horten. Thank you for respecting this.

Contact  me to use  iptegrity content for commercial purposes