European Data Protection Supervisor
European Data Protection Supervisor

Rights of the Individual

Rights of the Individual

One of the aims of the General Data Protection Regulation (GDPR) is to empower individuals and give them control over their personal data. The GDPR has a chapter on the rights of data subjects (individuals) which includes the right of access, the right to rectification, the right to erasure, the right to restrict processing, the right to data portability, the right to object and the right not to be subject to a decision based solely on automated processing.

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26/03/2010
26
Mar
2010

IT administrator rights - EIB

Recommendations of the EDPS on a consultation regarding the management of IT administrator access to personal data stored in IT systems and applications

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17/03/2010
17
Mar
2010

EDPS issues Guidelines on Video-surveillance

Today, the European Data Protection Supervisor (EDPS) issued a practical set of Guidelines to European institutions and bodies on how to use video-surveillance responsibly with effective safeguards in place. The Guidelines set out the principles for evaluating the need for resorting to video-surveillance and give guidance on how to conduct it in a way which minimises impact on privacy and other fundamental rights.

03/03/2010
3
Mar
2010

Recording activities - European Economic and Social Committee

Observations of the EDPS regarding the draft regulation on recording activities at the EESC

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04/02/2010
4
Feb
2010

Accident investigation in civil aviation: EDPS insists on ensuring confidentiality of data from persons involved in accidents

Today, the European Data Protection Supervisor (EDPS) adopted an opinion on the European Commission's proposal to update the current rules for civil aviation accident investigation (*).

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16/12/2009
16
Dec
2009

Restrictive measures in respect of Somalia, Zimbabwe, the Democratic Republic of Korea and Guinea

Opinion on various legislative proposals imposing certain specific restrictive measures in respect of Somalia, Zimbabwe, the Democratic Republic of Korea and Guinea, OJ C 73, 23.03.2010, p.1

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08/12/2009
8
Dec
2009

Personal files at ETF

Analysis of the EDPS on a consultation on personal files

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01/10/2009
1
Oct
2009

Right of access

Letter regarding a consultation related to the right of access (Article 13 of Regulation 45/2001)

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23/09/2009
23
Sep
2009

Special ID cards issued by a Member State

Letter regarding a consultation on special ID cards issued by the Ministry of Foreign Affairs for non Portuguese staff

28/07/2009
28
Jul
2009

Restrictive measures in respect of Al Qaida and the Taliban

Opinion on the proposal for a Council Regulation amending Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban, OJ C 276, 17.11.2009, p. 1

17/07/2009
17
Jul
2009

Pandemic procedure at ECB

Analysis of the EDPS on a consultation on processing of personal data in the frame of pandemic procedure at ECB (2009-456)

01/07/2009
1
Jul
2009

Eurodac: how to better ensure asylum seekers' rights in practice? Supervision Group issues second inspection report

The Eurodac Supervision Coordination Group has issued a report on their second coordinated inspection of the large-scale database that contains fingerprints of asylum seekers in order to assist asylum procedures in the European Union. The Supervision Group, which is composed of data protection authorities of each of the participating States and the European Data Protection Supervisor (EDPS), has investigated how the database has been used in practice over the last two years.

06/05/2009
6
May
2009

Personal data transfers by OLAF

Analysis of the EDPS on a consultation on questions concerning the treatment of personal data transfers by OLAF

22/04/2009
22
Apr
2009

Pharmacovigilance

Opinion on the proposals for a Regulation and for a Directive on pharmacovigilance, OJ C 229, 23.09.2009, p. 19

The EDPS takes the view that the lack of a proper assessment of the data protection implications of pharmacovigilance constitutes one of the weaknesses of the current legal framework set out by Regulation (EC) No 726/2004 and Directive 2001/83/EC. The current amendment of Regulation (EC) No 726/2004 and Directive 2001/83/EC should be seen as an opportunity to introduce data protection as a full-fledged and important element of pharmacovigilance.

A general issue to be addressed thereby is the actual necessity of processing personal health data at all stages of the pharmacovigilance process. As explained in this Opinion, the EDPS seriously doubts this need and urges the legislator to reassess it at the different levels of the process. It is clear that the purpose of pharmacovigilance can in many cases be achieved by sharing information on adverse effects which is anonymous in the meaning of the data protection legislation. Duplication of reporting can be avoided through the application of well structured data reporting procedures already at national level.

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16/02/2009
16
Feb
2009

Public access to documents

Comments on the current discussions in Parliament about the revision of Regulation (EC) No 1049/2001 relating to public access

11/11/2008
11
Nov
2008

EU-US High Level Contact Group on information sharing

Opinion on the Final Report by the EU-US High Level Contact Group on information sharing and privacy and personal data protection, OJ C 128, 06.06.2009, p. 1

The opinion relates to the Final Report by the EU-US High Level Contact Group on information sharing and privacy and personal data protection, which was presented by the EU Presidency in June 2008. The Report defines common principles on privacy and data protection as a first step towards the exchange of information between the EU and the US to fight terrorism and serious transnational crime. It also identifies options for a possible instrument that would apply the agreed common principles to data transfers.
 
The EDPS welcomes the progress achieved by the EU and US authorities to ensure an effective regime for privacy and personal data protection in the exchange of law enforcement information. He however emphasises the need for a careful analysis of the considered ways forward and recommends the development of a road map towards a possible agreement. Such a road map would involve all stakeholders at the different stages of the procedure and contain guidance for the continuation of the work, a timeline, as well as a further elaboration of the data protection principles on the basis of a common understanding on essential issues, such as the scope and nature of an agreement.
 
The EDPS calls for clarification and concrete provisions regarding the main following aspects:
 
  • nature and scope of an instrument on information sharing: for the sake of legal certainty, the EDPS shares the report's preferred option for the adoption of a legally binding instrument. This general instrument would need to be combined with specific agreements on a case by case basis to reflect the many specificities of data processing in the field of security and justice. The scope of application should also be clearly circumscribed and provide for a clear and common definition of law enforcement purposes at stake;
  • redress mechanisms: as one of the most prominent outstanding issues of the report, the availability of adequate means for redress needs to be properly addressed. Strong redress mechanisms, including administrative and judicial remedies, should be available to all individuals, irrespective of their nationality;
  • measures guaranteeing the effective exercise of individuals' rights: further work is needed not only with regard to redress and oversight mechanisms, but also concerning the transparency of data processing and the conditions of access and rectification to personal data.
The EDPS emphasizes that the conclusion of an agreement between the EU and the US should take place under the Lisbon Treaty - depending on its entry into force – to guarantee better legal certainty, full involvement of the European Parliament and judicial control of the European Court of Justice.
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17/10/2008
17
Oct
2008

Strasbourg

Resolution on childrens' online privacyPDF icon
Resolution to explore establishing an International Privacy/Data Protection Day or WeekPDF icon
Resolution on the urgent need for protecting privacy in a borderless worldPDF icon
Resolution on Privacy Protection in Social Network ServicesPDF icon
08/10/2008
8
Oct
2008

Newsletter Nr. 16

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06/10/2008
6
Oct
2008

Complaints handling and EU-Pilot- Commission

Letter regarding the data processing operations concerning "Complaints handling" and "EU-Pilot" at the Commission (Cases 2008-489 and 2008-490)

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11/09/2008
11
Sep
2008

Access to public documents containing personal data

Analysis of the EDPS on a consultation related to a request for access to public documents containing personal data

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30/06/2008
30
Jun
2008

EDPS Opinion on access to EU documents: a right balance between public access and data protection has to be secured

Today, the European Data Protection Supervisor (EDPS) adopted an Opinion on the Commission's proposal aimed at reviewing the rules on public access to documents held by EU institutions. The Opinion focuses on an amended provision dealing with the relation between public access to documents and the protection of personal data.

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