Since 2 July 2019, the former Commissioner for the Digital Single Market, Andrus Ansip, has been a member of the European Parliament. But he continues to follow the various digital issues closely and with interest, including the negotiations for the draft regulation on the confidentiality of electronic communications, which will be submitted to the National Ambassadors for approval on 22 November. (Interview by Sophie Petitjean)
Agence Europe - What is your message to the Member States, who are scheduled to discuss the ‘e-Privacy’ Regulation on 22 November?
Andrus Ansip - We presented this text for three reasons. First, there was a need to harmonise the rules on the confidentiality of electronic communications with a regulation rather than a directive that is implemented differently in all Member States. The second objective was to guarantee this principle for everyone, even platform users. Finally, the aim was to create a level playing field, since at present platforms can process and monetize data without any limits, but telecommunications operators can only do so to improve the quality of their own services. So the idea was to allow them to process data as well, but only on the basis of people’s consent. Today, the situation has changed: on the one hand, we have the General Data Protection Regulation and, in several Member States, it conflicts with the ‘e-Privacy’ Directive as implemented. In addition, in the near future, the electronic communications code will also apply to platforms that provide electronic communications. This means that these platforms will also have to comply with the ‘e-Privacy’ Directive, which is much more restrictive than the draft regulation we have proposed. It is therefore important to update this directive and adopt the regulation; otherwise, this could lead to infringement proceedings.
What do you think of the von der Leyen’s Commissions plans?
On artificial intelligence, we had meetings with Ursula von der Leyen, and she announced basic principles to guarantee people’s fundamental rights when using artificial intelligence.
With regard to the digital services act, not much is known yet. Thierry Breton made it clear during his hearing that the principle of limited liability arising from the ‘e-commerce’ directive must be maintained. And I share this point of view: thinking that we can put all the editorial responsibility on platforms will lead to the death of 7,000 platforms in Europe, while the major platforms will be able to adapt. I believe, however, that the digital services act must provide greater clarity, in particular to prevent so-called active platforms, which try to solve problems, from being punished anyway. In particular, it will be necessary to bring more clarity to this issue.
What do you think of the Commissioner-designate of France, Thierry Breton, as holder of the Internal Market portfolio and, in particular, of the digital portfolio?
He's very knowledgeable. It is thanks to him and others that we have rules on the free flow of non-personal data (FFD). Because, if you remember, France was against it, and we discussed it with Thierry Breton. And in the end, that worked.