European Data Protection Supervisor
European Data Protection Supervisor

Internal Market

Internal Market

The Internal market allows people, goods, services and capital to move more freely in the EU, providing new opportunities for citizens, workers, businesses and consumers while creating the jobs and growth Europe needs. The implementation in practice of these fundamental freedoms through rules, among others, on payment services, software applications for sharing information (such as the internal market information system IMI) entails the processing of personal data.

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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.

10/01/2012
10
Jan
2012

Responsible Business

Letter concerning "Responsible Business" package adopted by the Commission on 25 October 2011

22/11/2011
22
Nov
2011

Internal Market Information System ('IMI')

Opinion on the Commission Proposal for a Regulation of the European Parliament and of the Council on administrative cooperation through the Internal Market Information System ('IMI'), OJ C 48/02, 18.02.2012, p.2

07/10/2011
7
Oct
2011

Net neutrality

Opinion on net neutrality, traffic management and the protection of privacy and personal data, OJ C 34/01, 08.02.2012, p.1

25/07/2011
25
Jul
2011

Credit agreements relating to residential property

Opinion on the proposal for a Directive of the European Parliament and of the Council on credit agreements relating to residential property, OJ C 377/02, 23.12.2011, p.5

06/05/2011
6
May
2011

Interconnection of central, commercial and companies registers

Opinion on the Proposal for a Directive of the European Parliament and of the Council amending Directives 89/666/EEC, 2005/56/EC and 2009/101/EC as regards the interconnection of central, commercial and companies registers, OJ C 220/01, 26.07.2011, p.1

05/05/2011
5
May
2011

Consumer Protection Cooperation System ("CPCS")

Opinion on the Consumer Protection Cooperation System ("CPCS") and on Commission Recommendation 2011/136/EU on guidelines for the implementation of data protection rules in the CPCS, OJ C 217/06, 23.07.2011, p.18

08/04/2011
8
Apr
2011

Intellectual Property Rights Directive

EDPS response to the Commission's Consultation on its Report on the application of Intellectual Property Rights Directive.

15/12/2010
15
Dec
2010

Proposal for a Regulation on the marketing and use of explosives precursors

Opinion on the proposal for a Regulation on the marketing and use of explosives precursors

09/09/2010
9
Sep
2010

Deposit Guarantee Schemes

Opinion on the proposal for a Directive of the European Parliament and of the Council on Deposit Guarantee Schemes (recast)

See also the text of the proposal for a Directive of the European Parliament and of the Council on Deposit Guarantee Schemes (recast).

27/07/2010
27
Jul
2010

Internal Market Information System (IMI) - Commission

Letter on the Commission report on the situation of data protection in the Internal Market Information System (IMI)

LetterPDF icon
Commission Report on the state of data protection in the Internal Market Information System (IMI)PDF icon
22/02/2010
22
Feb
2010

Anti-Counterfeiting Trade Agreement (ACTA)

Opinion on the current negotiations by the European Union of an Anti-Counterfeiting Trade Agreement (ACTA)

26/03/2009
26
Mar
2009

Commission data protection guidelines for IMI

Answer to the letter of the Commission regarding the Commission Recommendation on the data protection guidelines for the Internal Market Information System (IMI), 7 April 2009

Commission letter of 26 March 2009PDF icon
16/02/2009
16
Feb
2009

Universal Service & ePrivacy

EDPS Comments on some issues in the review of Directive 2002/22/EC (Universal Service)

09/01/2009
9
Jan
2009

Second opinion on ePrivacy

Second opinion on the review of Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications), OJ C 128, 06.06.2009, p. 28

02/09/2008
2
Sep
2008

Universal Service & ePrivacy

EDPS Comments on selected issues that arise from the IMCO report on the review of Directive 2002/22/EC (Universal Service) & Directive 2002/58/EC (ePrivacy)

17/06/2008
17
Jun
2008

EDPS Opinion on the Commission IMI Decision - Follow-up

Answer to the letter of  the Commission proposing a way forward towards a more complete implementation of the necessary data protection safeguards for the Internal Market Information System ("IMI"), 14 July 2008

Commission letter of 17 June 2008 PDF icon
22/02/2008
22
Feb
2008

Internal Market Information System (IMI)

Opinion on the Commission Decision of 12 December 2007 concerning the implementation of the Internal Market Information System (IMI) as regards the protection of personal data (2008/49/EC), OJ C 270, 25.10.2008, p. 1

Commission Decision, published in OJ L 13, 16.01.2008, p. 18PDF icon
31/10/2007
31
Oct
2007

Control of the acquisition and possession of weapons

Letter on the proposal for a Directive amending Council Directive 91/477/EEC on the control of the acquisition and possession of weapons

10/04/2007
10
Apr
2007

Financing of the Common Agricultural Policy

Opinion on the proposal for a Council Regulation amending Regulation (EC) No 1290/2005 on the financing of the common agricultural policy (COM(2007) 122 final), OJ C 134, 16.06.2007, p. 1

COM(2007) 122 final of 20.03.2007PDF icon

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