Transports

Avis sur la proposition de directive facilitant l'application transfrontière de la législation dans le domaine de la sécurité routière, JO C 310, 5.12.2008, p. 1

The EDPS issued an opinion on the proposal for a Directive facilitating cross-border enforcement in the field of road safety.

The proposal aims at reducing fatalities, injuries and material damage resulting from traffic accidents. In this context, the proposal intends to establish a system to facilitate the cross-border enforcement of sanctions for specified road traffic offences.

In order to contribute to a non discriminatory and more effective enforcement towards traffic offenders, the proposal foresees the establishment of a system of cross-border exchange of information between Member States.

The EDPS considers that the proposal provides for sufficient justification for the establishment of the system for the cross-border exchange of information, and that it limits the quality of data to be collected and transferred adequately.

He also welcomes the redress procedure foreseen in the proposal and, in particular, the fact that access to personal data will be possible in the country of residence of the data subject.

The EDPS also made the following recommendations:

• on the information of data subjects: the way data subjects will be informed of the fact they have specific rights of access to their data and possible correction of these data will depend on the format of the offence notification. It is therefore important that the proposal lists all information relevant for the data subject, in a language that he/she understands.
• on the security of the system: the EDPS has noted that it is foreseen to make use of an already existing infrastructure to exchange the information. The EDPS has no objection to this objective as far as it limits financial or administrative burdens. He insists however on the fact that this should not lead to interoperability with other databanks. The EDPS welcomes the proposed limit on the possibilities of use of the data by Member States other that the one where the offence was committed.

Avis sur la proposition de règlement instaurant un code de conduite pour l'utilisation de systèmes informatisés de réservation, JO C 233, 11.09.2008, p. 1

The EDPS issued an opinion on the proposal for a Regulation on a Code of conduct for computerised reservation systems (CRSs).

The objective of the proposal is to update the provisions of the Code of Conduct for Computerized Reservation Systems that was established in 1989 by Regulation 2299/89. The Code would need simplification in order to reinforce competition - while maintaining basic safeguards, and ensuring the provision of neutral information to consumers.
A specific article on data protection has been developed in the proposal with a view to complementing the provisions of Directive 95/46/EC which continues to apply as a lex generalis.

The EDPS welcomes the inclusion of such principles in the proposal. He stresses that these provisions could nevertheless be usefully complemented by additional safeguards on three points:

• ensuring the fully informed consent of data subjects for the processing of sensitive data;
• providing for security measures taking into account the different services offered by CRSs;
• protecting marketing information relating to individuals from access by third parties.

With regard to the scope of application of the proposal, the criteria that make the proposal applicable to CRSs established in third countries raise the question of its practical enforcement, taking into account the complexity of the CRS network.

It is deemed as essential to put the CRS question in this global context and to be aware of the implications of having a large amount of personal data, some of them sensitive, processed in a global network practically accessible to third state authorities.

The EDPS considers it as decisive that effective compliance is ensured by competent authorities for enforcement (i.e. the Commission), as foreseen in the proposal, as well as data protection authorities.

Avis sur la proposition de règlement établissant des règles communes sur les conditions à respecter pour exercer la profession de transporteur par route, JO C 14, 19.01.2008, p. 1

• ensure greater definition of terms such as "good repute";
• clarify ambiguities in the role of national authorities; and
• ensure the requirements of Directive 95/46/EC are respected.