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EU: European Data Protection Supervisor criticises proposed EU privacy rules

21 June 2012

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EU: European Data Protection Supervisor (EDPS): Police should not be exempt from privacy rules, says EU data chief (euobserver, link) and see: Annual Report: Executive Summary (pdf):

"the EDPS report describes including police and justice authorities in the legislation as "a conditio sine qua non (without which there is nothing) for effective data protection". Although MEPs are anxious to ensure that the new data protection rules cover government agencies as well as businesses, it is understood that a number of member states are keen to remove law enforcement authorities from the scope of the directive, regarding this as an exclusively national competence."

and See: Commission data protection reforms under fire (euobserver, link):

"“The Working Party has serious reservations with regard to the extent the commission is empowered to adopt delegated and implementing acts, which is especially relevant because a fundamental right is at stake,” the Article 29 Data Protection Working Party...

Such acts, introduced in the 2009 Treaty of Lisbon, allow the commission to make minor changes to the law without affecting its core. Both the European parliament and council - representing member states - maintain some oversight over any such changes. Specifically, a delegated act supplements or amends so-called non-essential elements of EU legislation while an implementing act, proposes uniform conditions for its implementation.

The working party pointed out that in Reding’s regulation a number of issues including data breach notification and mutual assistance could only be applied using such acts. And the use of them are at the commission’s discretion. “The adoption of delegated or implementing acts for a large numbers of articles may take several years and could represent legal uncertainty," it said."

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