Technological progress in the last few decades have made monitoring, tracking and profiling techniques easier, cheaper and more accurate. As a result, surveillance has increased in both the public sector (for law enforcement purposes and public security for example) and in the private sector (for targeted advertising for example). These practices can profoundly affect how individuals think and act, as well as other personal rights (such as freedom of expression or association). Any form of surveillance is an intrusion on the fundamental rights to the protection of personal data and to the right to privacy. It must be provided for by law and be necessary and proportionate.
Priorcheck Opinion on "Data Processing for Social Media Monitoring" at the European Central Bank (ECB) (Case 2017-1052)
The GDPR is an outstanding achievement for the EU, its legislators and stakeholders, but the EU's work to ensure that data protection goes digital is far from finished. The majority of the world population now has access to the internet, while tech giants now represent the six highest valued companies in the world. With this in mind, in 2017 the EDPS issued advice to the legislator on the new ePrivacy Regulation, as well as pursuing his own initiatives relating to the Digital Clearinghouse and Digital Ethics, the latter of which will be the main topic of discussion at the 2018 International Conference of Data Protection and Privacy Commissioners, co-hosted by the EDPS.
Finalising and implementing a revised version of the current legislation governing data protection in the EU institutions and bodies as soon as possible is also a priority, if the EU is to remain a credible and effective leader in the protection of individuals' rights. The EDPS intends to exercise the powers granted to him in the revised Regulation efficiently and responsibly, in order to ensure that the EU's institutions and bodies set an example for the rest of the EU to follow. For this reason, the EDPS has invested a lot of effort in preparing the EU institutions for the new rules and will continue to do so throughout 2018.
In 2017, the EDPS also contributed to ongoing discussions on the Privacy Shield and on the free flow of data in trade agreements, which will remain on the EU and EDPS agenda throughout 2018. With the fight against terrorism still a pressing concern for the EU, the EDPS continues to advocate the need to find a balance between security and privacy in the processing of personal data by law enforcement authorities. As the new data protection supervisor for Europol, the EU’s police authority, he is determined to ensure that the EU sets an example in achieving this balance.
Prior-checking Opinion regarding the video-surveillance system of the European Economic Social Committee and the Committee of the Regions (Case 2017-0662)
EDPS Opinion on coherent enforcement of fundamental rights in the age of Big Data
The EDPS focused considerable efforts in 2015 on ensuring the successful adoption of new and effective data protection rules, providing legislators with detailed recommendations in the form of an app. He now turns his attention to the successful implementation of these rules and the reform of the current Regulation, which will apply to the work of the EDPS and the other EU institutions and bodies.
The EDPS launched several new initiatives in 2015, such as those on data ethics and big data. He also worked closely with the Article 29 Working Party to analyse the consequences of the Court of Justice of the European Union's ruling on Safe Harbour and advise the Commission on alternative solutions. These and other initiatives will continue into 2016 and beyond to ensure that the EU remains at the forefront of data protection and privacy policy in the years to come.