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.
Opinion of 3 September 2010 on a notification for Prior Checking on the European Surveillance System ("TESSy") of the European Centre for Disease Prevention and Control ("ECDC") (Case 2009-0474)
EDPS Video-surveillance Guidelines
Opinion on the current negotiations by the European Union of an Anti-Counterfeiting Trade Agreement (ACTA)
Opinion on the Communication from the Commission on an Action Plan for the Deployment of Intelligent Transport Systems in Europe and the accompanying Proposal for a Directive of the European Parliament and of the Council laying down the framework for the deployment of Intelligent Transport Systems in the field of road transport and for interfaces with other transport modes, OJ C 47, 25.02.2010, p. 6
The EDPS has adopted an opinion on the European Commission's proposed deployment plan for intelligent transport systems (ITS) in Europe that was adopted in December 2008 to accelerate and coordinate their deployment in road transport and their connection with other modes of transport. The deployment of ITS has considerable privacy implications, for instance because these systems make it possible to track a vehicle and to collect a wide variety of data relating to European road users' driving habits.
The EDPS notes that data protection has been taken into consideration in the proposed legal framework and that it is also put forward as a general condition for the proper deployment of ITS. He however underlines that the Commission's proposal is too broad and too general to adequately address the privacy and data protection concerns raised by ITS deployment in the Member States. In particular, it is not clear when the performance of ITS services will lead to the collection and processing of personal data, what are the purposes and modalities for which data processing may take place, or who will be responsible for compliance with data protection obligations.
The EDPS opinion includes the following main recommendations:
Background information
ITS apply information and communication technologies (satellite, computer, telephone, etc.) to transport infrastructure and vehicles with the intention to make transport safer and cleaner and to reduce traffic congestion. ITS applications and services are based on the collection, processing and exchange of a wide variety of data, both from public and private sources, including information on traffic and accidents but also personal data, such as the driving habits and journey patterns of citizens. Their deployment will also rely to a large extent on the use of geolocalisation technologies, such as satellite-positioning and RFID tags. As such, ITS constitute a "data-intensive area" and raise a number of privacy and data protection issues that should be carefully addressed in order to ensure the workability of ITS across Europe.
The EDPS published the first consultation draft of his video-surveillance guidelines. Data Protection Officers of the European institutions and bodies and other stakeholders were invited to comment on these guidelines by 15 September 2009. The EDPS held a workshop on 30 September with a view to elicit further feedback to improve the draft Guidelines and increase cooperation to ensure compliance with data protection principles.