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EU: DATA PROTECTION REGULATION: Issued by the Article 29 Data Protection Working Party Art. 29 WP opinion on the draft Regulation in view of the trilogue

19 June 2015

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"even if the Directive should be regarded as minimum standard allowing the Member States to provide additional safeguards, an extension of its scope as proposed by the Council of the EU to all processing activities for the “safeguarding against and the prevention of threats to public security” - in addition to processing activities carried out for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties - would result in a different level of protection depending on its implementation.

Moreover, the notion of the prevention of threats to public security” not linked to the concept of criminal offences is quite vague and may open the door to including in it types of processing operations just because they are carried out by controllers that operate in the widest context of law enforcement.....

[Recommendation] In order to ensure a consistent and high level of protection, the Working Party is of the opinion that the processing activities performed for purposes not linked to the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties should be clearly maintained under the scope of the Regulation."

See: Issued by the Article 29 Data Protection Working Party Art. 29 WP opinion on the draft Regulation in view of the trilogue (Press release, pdf)

And: Core topics in the view of trilogue (24 pages, pdf)

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