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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17/02/2012
17
Feb
2012

Driving licences including functionalities of a driver card

Opinion on the proposal for a Directive of the European Parliament and of the Council amending Directive 2006/126/EC of the European Parliament and of the Council as regards driving licences which include the functionalities of a driver card, OJ C 139/01 15.05.2012, p1

See also the text of the proposal for a Directive of the European Parliament and of the Council amending Directive 2006/126/EC of the European Parliament and of the Council as regards driving licences which include the functionalities of a driver card

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17/02/2012
17
Feb
2012

Merging professional drivers' driving licence with their driver card is not fully in line with data protection principles

The European Data Protection Supervisor (EDPS) issued today an opinion on a Commission proposal to merge the driving licence of professional drivers with their driver card. The integration of two totally different functionalities in one single card, which would record a wide range of data about professional drivers including their activities and whereabouts, would have a significant impact on the fundamental right to the protection of personal data.

13/02/2012
13
Feb
2012

EDPS outlines lack of compliance of several EU institutions and bodies with Video-Surveillance Guidelines

The European Data Protection Supervisor (EDPS) issued today a Follow-up Report outlining the status of compliance of European institutions and bodies with the Video-Surveillance Guidelines issued by the EDPS in March 2010.

20/12/2011
20
Dec
2011

Video-surveillance system - ECA

Letter of 20 December 2011 on the notification for prior-checking regarding the video-surveillance system at the European Court of Auditors (ECA) (Case 2011-989)

12/12/2011
12
Dec
2011

Implementation of the harmonised EU-wide in-vehicle emergency call ("eCall")

EDPS comments on the Commission Recommendation and the accompanying impact assessment on the implementation of the harmonised EU-wide in-vehicle emergency call ("eCall")

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28/10/2011
28
Oct
2011

Community control system for ensuring compliance with the rules of the Common Fisheries Policy

Opinion on the Commission Implementing Regulation (EU) No 404/2011 of 8 April 2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy, OJ C 37/01 , 10.02.2012, p.1

 

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25/10/2011
25
Oct
2011

Système de vidéosurveillance - ECHA

Letter of 25 October 2011 on notification for Prior-checking on the video-surveillance system at the European Chemicals Agency (ECHA) (Case 2011-12)

05/10/2011
5
Oct
2011

Recording equipment in road transport

Opinion on the proposal for a Regulation of the European Parliament and of the Council amending Council Regulation (EEC) No 3821/85 on recording equipment in road transport and amending Regulation (EC) No 561/2006 of the European Parliament and the Council, OJ C 37/02  , 10.02.2012, p.6

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11/07/2011
11
Jul
2011

EDPS calls on the European Commission to ensure that safeguards for online behavioural advertising are respected

On 7 July 2011, in a public lecture on the privacy implications of “online behavioural advertising”, i.e. the presentation of targeted advertisements on websites based on large scale tracking of consumer behaviour online, the European Data Protection Supervisor (EDPS) called on the European Commission to ensure that Article 5(3) of the e-Privacy Directive is fully respected.

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11/11/2010
11
Nov
2010
03/09/2010
3
Sep
2010

European Surveillance System ("TESSy") - ECDC

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)

22/06/2010
22
Jun
2010

EU-US new draft agreement on financial data transfers: EDPS calls for further data protection improvements

Today, the European Data Protection Supervisor (EDPS) issued an opinion on the European Commission's draft Agreement with the United States on the Terrorist Financing Tracking Programme (TFTP) to allow US authorities access to European based financial data managed by the Belgian company SWIFT in cases of anti-terrorism investigations (*).

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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.

17/03/2010
17
Mar
2010

Video-surveillance

EDPS Video-surveillance Guidelines

Frequently asked questions on video-surveillance: prior checking by the EDPS, 17 March 2010PDF icon
Follow-up to the EDPS video-surveillance guidelines: summary of preliminary recommendations in nine prior checking proceduresPDF icon
Letter of 3 September 2010 concerning Video-cameras at the waiting room to the Council's medical facilitiesPDF icon
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22/02/2010
22
Feb
2010

Anti-Counterfeiting Trade Agreement (ACTA)

Opinion on the current negotiations by the European Union of an Anti-Counterfeiting Trade Agreement (ACTA)

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22/07/2009
22
Jul
2009

Intelligent Transport Systems

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:

  • clarification of responsibilities: it is crucial to clarify the roles of the different actors involved in ITS in order to identify who will bear the responsibility of ensuring that systems work properly from a data protection perspective (who is the data controller?);
  • safeguards for the use of location technologies: appropriate safeguards should be implemented by data controllers providing ITS services so that the use of location technologies is not intrusive from a privacy viewpoint. This should notably require further clarification as to the specific circumstances in which a vehicle will be tracked, strictly limiting the use of location devices to what is necessary for that purpose, and ensuring  that location data are not disclosed to unauthorized recipients;
  • "privacy by design" approach: the EDPS recommends to consider privacy and data protection from an early stage of the design of ITS to define the architecture, operation and management of the systems. Privacy and security requirements should be incorporated within standards, best practices, technical specifications and systems.

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.

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07/07/2009
7
Jul
2009

Consultation on the EDPS video-surveillance guidelines

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.

EDPS video-surveillance guidelines, consultation draftPDF icon
Workshop of 30 September 2009: AgendaPDF icon
Workshop of 30 September 2009: Welcome address by Giovanni ButtarelliPDF icon
Summary of comments received, 17 March 2010PDF icon
Workshop of 30 September 2009: OverviewPDF icon
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05/03/2009
5
Mar
2009

Organs donation and transplantation: EDPS calls for enhanced security measures at national and cross-border levels

Today, the European Data Protection Supervisor (EDPS) adopted an opinion on the Commission's proposal for a Directive on standards of quality and safety of human organs intended for transplantation. The proposal provides for national quality programmes to advance organs donation and transplantation, including a traceability mechanism to ensure that all organs can be traced from donation to reception and vice versa.

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16/02/2009
16
Feb
2009

Universal Service & ePrivacy

EDPS Comments on some issues in the review of Directive 2002/22/EC (Universal Service)

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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
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