The proposed ePrivacy Regulation, once adopted, will update the “rules of the road” for privacy and electronic communications. It will modernise existing principles, clarify the technological requirements and provide for effective enforcement. The EDPS issued his advice on the ePrivacy review in a Preliminary Opinion (5/2016) and on the European Commission’s proposed Regulation in Opinion 06/2017. Given developments in deliberations on the proposal, and for the benefit of the co-legislator, we have decided to offer advice and clarifications on some specific issues, in line with our previous opinions.1 These recommendations focus on the need to ensure legal certainty and a high level of protection of the fundamental rights to privacy and data protection.
This 2002 ePrivacy Directive is an important legal instrument for privacy in the digital age, and more specifically the confidentiality of communications and the rules regarding tracking and monitoring. The entry into force of the General Data Protection Regulation requires the EU legislator to update this text and the European Commission published a proposal on 10 January 2017. This new text will have to tackle the rapidly evolving technological landscape, with issues such as confidentiality of machine-to-machine communication (Internet of Things) or the confidentiality of individuals’ communication on publicly accessible networks (such as public Wi-Fi).
In the June 2017 edition of the EDPS Newsletter we introduce you to our new-look Newsletter and cover the EDPS Opinion on ePrivacy, our continuing work on data ethics and the launch of our 2016 Annual Report, as well as many other EDPS activities.
The state of privacy 2017: mid-mandate report, Speech by Giovanni Buttarelli for the presentation of the 2016 EDPS Annual Report to the LIBE Committee, European Parliament
The new EU data protection framework consists of much more than just the GDPR. New rules for the EU institutions and ePrivacy are yet to be finalised, and remain a key focal point for EDPS work. As well as providing advice to the legislator on these new rules, the EDPS has started working with the EU institutions and bodies to prepare them for the changes to come. A particular focus of his efforts in 2016 was on promoting accountability, a central pillar of the GDPR which it is safe to assume will also be integrated into the new rules for EU institutions and bodies.
In 2016, the EDPS also made a considerable effort to help move the global debate on data protection and privacy forward and mainstream data protection into international policies. He advised the EU legislator on the Umbrella agreement and the Privacy Shield and engaged with data protection and privacy commissioners from every continent. He also continued to pursue new initiatives, such as the Ethics Advisory Group, through which he intends to stimulate global debate on the ethical dimension of data protection in the digital era.
The EDPS aims to make data protection as simple and effective as possible for all involved. This requires ensuring that EU policy both reflects the realities of data protection in the digital era and encourages compliance through accountability.
EDPS Opinion on the Proposal for a Regulation on Privacy and Electronic Communications (ePrivacy Regulation), 24 April 2017