European Data Protection Supervisor
European Data Protection Supervisor

Surveillance

Surveillance

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.

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02/12/2013
2
Dec
2013

Video-Surveillance - Follow-up

Follow-up Report to the 2010 EDPS Video-Surveillance Guidelines

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29/10/2013
29
Oct
2013

Deployment of the eCall System

Opinion on the Proposal for a Regulation of the European Parliament and of the Council concerning type-approval requirements for the deployment of the eCall system and amending Directive 2007/46/EC    

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25/10/2013
25
Oct
2013
07/10/2013
7
Oct
2013

Inquiry on electronic mass surveillance of EU citizens

Contribution of Peter Hustinx for the LIBE Committee - Public Hearing, Strasbourg

24/09/2013
24
Sep
2013

Varsaw

Warsaw declaration on the “appification” of societyPDF icon
Resolution on accreditationPDF icon
Resolution on profilingPDF icon
Resolution on International Enforcement CoordinationPDF icon
Resolution on Conference’s Strategic DirectionPDF icon
Resolution on anchoring data protection and the protection of privacy in international lawPDF icon
Resolution on openness of Personal Data PracticesPDF icon
Resolution on digital education for allPDF icon
Resolution on web tracking and privacyPDF icon
Press release announcing the conferencePDF icon
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30/08/2013
30
Aug
2013

Preparing for a Fully Converged Audiovisual World: Growth, Creation and Values

EDPS formal comments on the Commission Green Paper: 'Preparing for a Fully Converged Audiovisual World: Growth, Creation and Values’

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16/07/2013
16
Jul
2013

Video-surveillance system - EFSA

EDPS opinion of 16 July 2013 on the video-surveillance system at the European Food Safety Authority (EFSA) (Case 2013-0429)

15/07/2013
15
Jul
2013

Interesting Times for EU Data Protection

Editorial by Peter Hustinx in "L'Observateur de Bruxelles", nr. 93, July 2013, p. 5-6

20/06/2013
20
Jun
2013

Recording of switchboard and security room phone conversations - EIB

Opinion of 20 June 2013 on a notification for Prior Checking received from the Data Protection Officer of the European Investment Bank regarding the recording of switchboard and security room phone conversations (Case 2013-0297)

27/03/2013
27
Mar
2013

eHealth Action Plan 2012-2020

Opinion on the Communication from the Commission on 'eHealth Action Plan 2012-2020 - Innovative healthcare for the 21st century'

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14/11/2012
14
Nov
2012

Video-surveillance: Helping EU institutions and bodies to get the message across

Today, the European Data Protection Supervisor (EDPS) issued his report on the findings of some on-the-spot inspections conducted between 15 June and 18 July 2012 on the premises of thirteen Brussels-based EU institutions and bodies.

26/10/2012
26
Oct
2012

Punta del Este

Resolution on Cloud ComputingPDF icon
Resolution on the future of privacyPDF icon
Uruguay Declaration on profilingPDF icon
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15/10/2012
15
Oct
2012

Open internet

EDPS comments on DG Connect's public consultation on specific aspects of transparency, traffic management and switching in an open internet

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08/06/2012
8
Jun
2012

Smart metering systems

Opinion on the Commission Recommendation on preparations for the roll-out of smart metering systems

See also the text of the Commission recommendation on preparations for the roll-out of smart metering systems

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07/06/2012
7
Jun
2012

Recording of the telephone line

Opinion of 7 June 2012 on the notification for prior checking concerning the ‘Recording of the telephone line reserved for calls to the dispatch centre for technical services used in the European Commission buildings in Luxembourg (12 or 32220)’ (Case 2011­ - 0986)

24/05/2012
24
May
2012

Recording of the telephone line - EC

Opinion of 24 May 2012 on the notification for prior checking concerning the ‘Recording of the telephone line used for security guard service reports and calls concerning actions connected with the system for controlling access to Commission buildings (Brussels)’, European Commission (Case 2011-0987)

15/05/2012
15
May
2012

Register of telephone calls - EIB

Opinion of 15 May 2012 on the notification for prior checking concerning the case ‘Register of telephone calls (mobile telephony)’, European Investment Bank (Case 2009-0704)

24/04/2012
24
Apr
2012

Anti-Counterfeiting Trade Agreement (ACTA)

Opinion on the proposal for a Council Decision on the Conclusion of the Anti-Counterfeiting Trade Agreement between the European Union and its Member States, Australia, Canada, Japan, the Republic of Korea, the United Mexican States, the Kingdom of Morocco, New Zealand, the Republic of Singapore, the Swiss Confederation and the United States of America

28/03/2012
28
Mar
2012

Cross-border threats to health

Opinion on the proposal for a decision of the European Parliament and of the Council on serious cross-border threats to health

Executive summary of the EDPS OpinionPDF icon
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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.

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