European Data Protection Supervisor
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05/09/2012
5
Sep
2012

Establishment of 'EURODAC' for the comparison of fingerprints

Opinion on the amended proposal for a Regulation of the European Parliament and of the Council on the establishment of 'EURODAC' for the comparison of fingerprints for the effective application of Regulation (EU) No […/…]

19/07/2012
19
Jul
2012

Posting of workers in the framework of the provision of services

Opinion on the Commission Proposal for a Directive of the European Parliament and of the Council on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and on the Commission Proposal for a Council Regulation on the exercise of the right to take collective action within the context of the freedom of establishment and the freedom to provide services

Background information

17/07/2012
17
Jul
2012

European Strategy for a Better Internet for Children

Opinion on the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions - "European Strategy for a Better Internet for Children"

09/07/2012
9
Jul
2012

Improving securities settlement in the European Union

Opinion on the Commission proposal for a Regulation of the European Parliament and of the Council on improving securities settlement in the European Union and on central securities depositories (CSDs) and amending Directive 98/26/EC

09/07/2012
9
Jul
2012

Second generation Schengen Information System (SIS II)

Opinion on the proposal for a Council Regulation on migration from the Schengen Information System (SIS) to the second generation Schengen Information System (SIS II) (recast)

09/07/2012
9
Jul
2012

Simplifying the transfer of motor vehicles registered in another Member State

Opinion on the proposal for a Regulation of the European Parliament and of the Council on simplifying the transfer of motor vehicles registered in another Member State within the Single Market

29/06/2012
29
Jun
2012

European Cybercrime Center

Opinion on the Communication from the European Commission to the Council and the European Parliament on the establishment of a European Cybercrime Centre

14/06/2012
14
Jun
2012

European Venture capital funds

Opinion on the proposals for a Regulation on European Venture capital funds and for a Regulation on European Social entrepreneurship funds

08/06/2012
8
Jun
2012

Smart metering systems

Opinion on the Commission Recommendation on preparations for the roll-out of smart metering systems

See also the text of the Commission recommendation on preparations for the roll-out of smart metering systems

11/05/2012
11
May
2012

Union Registry for the trading period commencing on 1 January 2013

Opinion on the Commission Regulation establishing a Union Registry for the trading period commencing on 1 January 2013, and subsequent trading periods, of the Union emissions trading scheme

24/04/2012
24
Apr
2012

Anti-Counterfeiting Trade Agreement (ACTA)

Opinion on the proposal for a Council Decision on the Conclusion of the Anti-Counterfeiting Trade Agreement between the European Union and its Member States, Australia, Canada, Japan, the Republic of Korea, the United Mexican States, the Kingdom of Morocco, New Zealand, the Republic of Singapore, the Swiss Confederation and the United States of America

18/04/2012
18
Apr
2012

Open-Data Package

Opinion on the 'Open-Data Package' of the European Commission including a Proposal for a Directive amending Directive 2003/98/EC on re-use of public sector information (PSI)

More information on  re-use of public service information

13/04/2012
13
Apr
2012

EU-Canada Agreement on supply chain security

Opinion on the Proposal for a Council decision on the conclusion of the Agreement between the European Union and Canada with respect to matters related to supply chain security

13/04/2012
13
Apr
2012

Statutory audits

Opinion on the Commission proposals for a Directive amending  Directive 2006/43/EC on statutory audit of annual accounts and consolidated accounts, and for a Regulation on specific requirements regarding statutory audit of public-interest entities

See the text of the Proposal for a Directive of the European Parliament and of the Council amending Directive 2006/43/EC on statutory audits of annual accounts and consolidated accounts

See also the text of the Proposal for a Regulation of the European Parliament and of the Council on specific requirements regarding statutory audit of public-interest entities

28/03/2012
28
Mar
2012

Cross-border threats to health

Opinion on the proposal for a decision of the European Parliament and of the Council on serious cross-border threats to health

Executive summary of the EDPS OpinionPDF icon
08/03/2012
8
Mar
2012

Review of the Professional Qualifications Directive

Opinion on the Commission proposal for a Directive of the European Parliament and of the Council amending Directive 2005/36/EC on the recognition of professional qualifications and Regulation [...] on administrative cooperation through the Internal Market Information System, OJ C 137/01 12.05.2012, p1

See also the text of the proposal for a Directive of the European Parliament and of the Council amending the Directive 2005/36/EC on the recognition of professional qualifications and Regulation [...] on administrative cooperation through the Internal Market Information System

 

The objective of the Proposal is to modernize and amend the existing text of Directive 2005/36/EC (the Professional Qualifications Directive). From the data protection perspective, the two key aspects of the Proposal are (i) the introduction of an alert system and (ii) the introduction on a voluntary basis of a European Professional Card . The processing of personal data in both cases is foreseen to take place via the Internal Market Information System (IMI).

The EDPS welcomes the efforts made in the Proposal to address data protection concerns. The EDPS also welcomes the fact that the use of an existing information system, IMI, is proposed for the administrative cooperation, which already offers, at the practical level, a number of data protection safeguards. Nevertheless, important concerns remain, mainly relating to the alert system, which must remain proportionate.

The EDPS recommends, in particular, that:

  • the Proposal should specify unambiguously in which concrete cases alerts can be sent, more clearly define what personal data can be included in alerts, and limit the processing to the minimum that is necessary, taking into account proportionality and balancing of rights and interests;
  • in this respect, the Proposal should unambiguously specify that alerts can only be sent after a decision has been made by a competent authority or a court in a Member State prohibiting an individual to pursue his or her professional activities in its territory;
  • specify that the content of the alert must not contain more specific information regarding the circumstances and reasons for the prohibition;
  • clarify and limit to the minimum strictly necessary, the period for which alerts are retained; and
  • ensure that alerts are only sent to competent authorities in Member States and that these authorities shall keep alert information received confidential and not further distribute or publish it, unless the data were made public in accordance with the law of the sending Member State.

With regard to the European Professional Card and the related ‘IMI-file’, the EDPS recommends further clarifications on the conditions under which information concerning disciplinary action or criminal sanctions or any other serious specific circumstances must be included in the file, and the content of the information to be included, and also recommends clear limitation on the retention periods.

Further, the EDPS recommends that in the long term, if and when the use of Professional Cards and IMI will become widespread, the Commission undertake a review of whether the Article 56a alert systems are still necessary and whether they cannot be replaced by a more limited, and thus, from the data protection point of view, less intrusive, system.

Finally, the EDPS further recommends that the EDPS and Article 29 Working Party where national data protection authorities are also represented be consulted before the adoption of delegated acts referred to in Article 56a(5) and of any other delegated acts adopted under Article 58 which may have an impact on data protection. A data protection impact assessment should precede such consultation.

17/02/2012
17
Feb
2012

Driving licences including functionalities of a driver card

Opinion on the proposal for a Directive of the European Parliament and of the Council amending Directive 2006/126/EC of the European Parliament and of the Council as regards driving licences which include the functionalities of a driver card, OJ C 139/01 15.05.2012, p1

See also the text of the proposal for a Directive of the European Parliament and of the Council amending Directive 2006/126/EC of the European Parliament and of the Council as regards driving licences which include the functionalities of a driver card

10/02/2012
10
Feb
2012

Markets in financial instruments

Opinion on the Commission proposals for a Directive of the European Parliament and of the Council on markets in financial instruments repealing Directive 2004/39/EC of the European Parliament and of the Council (Recast), and for a Regulation of the European Parliament and of the Council on markets in financial instruments and amending Regulation on OTC derivatives, central counterparties and trade repositories, OJ C 147/01 25.05.2012, p1

See also the text of the proposal for a Directive of the European Parliament and of the Council on markets in financial instruments repealing Directive 2004/39/EC of the European Parliament and of the Council

10/02/2012
10
Feb
2012

Insider dealing and market manipulation

Opinion on the Commission proposals for a Regulation of the European Parliament and of the Council on insider dealing and market manipulation, and for a Directive of the European Parliament and of the Council on criminal sanctions for insider dealing and market manipulation

See also the text of the Proposal for a Directive of the European Parliament and of the Council on criminal sanctions for insider dealing and market manipulation

See also the text of the Proposal for a Regularion of the European Parliament and of the Council on insider dealing and market manipulation (market abuse)

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