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.

Filters

Pages

23/06/2008
23
Jun
2008

Protecting children using the Internet

Opinion on the the Proposal for a Decision establishing a multiannual Community programme on protecting children using the Internet and other communication technologies, OJ C 2, 7.01.2009, p. 2

COM(2008) 106 final of 27.02.2008PDF icon
20/12/2007
20
Dec
2007

Newsletter Nr. 12

Tags:
11/06/2007
11
Jun
2007

Security v. fundamental rights

Letters to the incoming presidency: fundamental rights are not captives of security

06/03/2007
6
Mar
2007

Coordination of social security systems

Opinion on the proposal for a Regulation laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (COM(2006) 16 final), OJ C 91, 26.04.2007, p. 15

The proposal covers a vast range of areas in social security (pensions, benefits in respect of maternity, invalidity, unemployment, etc). It aims at modernising and simplifying the existing rules by strengthening cooperation and improving methods of data exchange between social security institutions of the different Member States.

 

The EDPS welcomed the proposal to the extent that it aims at favouring the free movement of citizens and improving the standard of living and conditions of employment of those moving within the Union. With a view to ensuring a high level of data protection, the EDPS recommends: paying utmost attention to basic data protection principles such as purpose limitation as well as proportionality in data processed, bodies authorised to process data and retention periods; ensuring that each proposed mechanism of processing and transmission of personal data is clearly based on specific legal grounds; providing the concerned persons with relevant information on the processing of their personal data.

COM(2006) 16 final of 31.01.2006 PDF icon
28/02/2007
28
Feb
2007

Newsletter Nr. 8

Tags:
26/02/2007
26
Feb
2007

Conservation periods for medical documents

Opinion on conservation periods for medical documents

22/02/2007
22
Feb
2007

Correct application of the law on customs and agricultural matters

Opinion on the proposal for a Regulation amending Regulation (EC) No 515/97 on mutual assitance between administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of the law on customs and agricultural matters (COM(2006) 866 final), OJ C 94, 28.04.2007, p. 3

This Proposal foresees the creation or updating of various systems containing personal data, the European Data Directory, Custom Information System (CIS) and Customs Files Identification Database (FIDE), in order to strengthen the cooperation between Member States and the Commission to avoid breaches to customs and agricultural legislation. In this Opinion, the EDPS suggests various amendments to the Proposal in order to ensure the Proposal's overall compatibility with the existing legal framework on data protection and the effective protection of individuals' personal data. Among others, the Opinion calls upon the Commission to carry out a proper assessment of the necessity of the European Data Directory, proposes some amendments to recognize the EDPS supervisory role regarding CIS and FIDE and puts forwards a coordinated approach to its supervision (including national authorities and the EDPS).

COM(2006) 866 final of 22.12.2006 PDF icon
Tags:
13/02/2007
13
Feb
2007

Publication of personal data on the Internet

Letter concerning the publication of personal data on the Internet and the applicability or not of Article 9 of the Regulation

29/11/2006
29
Nov
2006

Data protection in third pillar

Second Opinion on the Proposal for a Council Framework Decision on the protection of personal data processed in the framework of police and judicial co-operation in criminal matters, OJ C 91, 26.04.2007, p. 9

The second opinion on the proposal for a framework decision for data protection in the third pillar was issued for two reasons. Firstly, a framework decision on the protection of personal data in the third pillar is extremely important to the EDPS. Secondly, there are serious fears that the negotiations in Council will result in essential safeguards to the citizens being deleted or substantially weakened. Therefore, the EDPS recommends that Council allows for more time for the negotiations in order to achieve a result.that offers sufficient protection.

The main concern is that the proposal in its current state will lead to an artificial division in data files - between national data and data originating from another Member State. Not only will this lead to burdensome, complex and costly handling, but it will also lead to difficulties for citizens in exercising their rights. A number of other concerns are raised, relating to the lack of special safeguards on sensitive data; possibilities to exchange data with non-law enforcement authorities; the non-requirement of 'adequate protection' guarantees when exchanging data with third countries, etc.

 

13/11/2006
13
Nov
2006

Mutual administrative assistance

Opinion on the Amended Proposal for a Regulation of the European Parliament and the Council on mutual administrative assistance for the protection of the financial interests of the European Community against fraud and any other illegal activities, OJ C 94, 28.04.2007, p. 1

The amended proposal sets forth communication and assistance procedures between the Commission and Member States in order to protect the Community financial interests.
The EDPS considers that the proposal on the whole maintains the level of protection of personal data contained in the EU data protection framework; Directive 95/46/EC and Regulation 45/2001.

Nevertheless, the EDPS notes that whether such standards of data protection will indeed be maintained depend on the specific content of implementing legislation for which the proposal creates a legal basis. Since implementing legislation will be crucial for the protection of personal data in this context, the EDPS particularly welcomes the obligation to consult him on the drafting of such implementing legislation.

27/10/2006
27
Oct
2006

Investigations conducted by OLAF

Opinion on the Proposal for a Regulation amending Regulation (EC) No. 1073/1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF), JO C 91, 26.04.2007, p. 1

The proposal relates to OLAF's operational activities because it aims to amend the Regulation which lays down the rules and constitute the legal basis for investigations, etc. The aim is to:
  • Improve the effectiveness of investigations;
  • Facilitate the exchange between OLAF and the various institutions concerning information about suspected wrongdoings, at both EU and national level; and
  • Guarantee the rights of persons implicated in an investigation, including their right to data protection and privacy and make procedural guarantees stronger.

The EDPS agrees with the significance of the goals and objectives pursued by the proposed amendments, especially regarding the procedural guarantees afforded to individuals. However, when it comes to personal data protection, the proposal could be further improved without jeopardising the objectives that it pursues. Concerns relate to the right of information, access and rectification as well as exchanges of personal information. The EDPS also proposes measures regarding the confidentiality of whistleblowers.

26/10/2006
26
Oct
2006

Newsletter Nr.6

Tags:
16/09/2005
16
Sep
2005

Montreux

Declaration on "The Protection of personal data and privacy in a globalised world : a universal right respecting diversities"PDF icon
Resolution on the use of biometrics in passports, identity cards and travel documentsPDF icon
Resolution on the use of personal data for political communicationPDF icon

Pages