Brussels, 27/07/2015 (Agence Europe) - On Monday 27 July, the European Data Protection Supervisor (EDPS), Giovanni Buttarelli, published his opinion on personal data protection reform and particularly the political agreement of principle that the JHA Council reached on the “general regulation” section of the reform (see EUROPE 11335).
In his opinion, the EDPS states that the starting point should be the “dignity” of the human being and highlights the fact that use of data should be both legal and justified because these two principles go together and should not be presented as a choice of either one or the other. Buttarelli also believes that the consent of the individual could be the legal basis for processing data but he is opposed to demands for compulsory consent such as having to click on a specific tab. He is also opposed to the user having to authorise the use of his or her data if there is no reason for processing the data in question.
Similarly, the Supervisor believes that there must be a very carefully defined consent in areas such as clinical research and that the person involved must be able to withdraw this consent at any moment.
The EDPS is also examining the effects of the reform on businesses and is putting forward possibilities for reducing the costs on smaller businesses. Therefore, notification of violations of data protection only have to be sent to the data protection authority when fundamental rights and the freedom of the person in question are jeopardised.
Overall, the EDPS is advocating respect for a balance between individual protection rights, the needs of business and technological development.
Inter-institutional negotiations continue. A second inter-institutional negotiation session took place in the middle of July on the draft regulation reforming European regulation on personal data protection. This focused on international transfers of personal data. The next negotiations are planned for the beginning of September and are expected to focus on individual rights and the obligations of data supervisors. (Solenn Paulic)