On June 19, 2015, the Article 29 Working Party (WP29) released a press statement to share its views on the text of the Data Protection Regulation Proposal.
WP29 stressed that the new legislation should:
- not lower the current level of protection provided in the Directive 95/46;
- be clear, simple and easy to understand; and
- allow for effective implementation and compliance with the new rules by making accountability a fundamental principle.
In light of the above concerns, WP29 believes that the following issues need further consideration by the European institutions during their trilogue:
- relation between the instruments. The proposed regulation should contain the general rules for data protection while the proposed Directive on the protection of individuals with regard to the processing of personal data by governmental authorities for prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties should concern exclusively data protection provisions in the law enforcement sector for the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties. More information is available here;
- definition of “personal data”, which should be defined in a broad manner, in line with technological evolution;
- principles of compatible use and purpose limitation. Controllers are allowed to process personal data for purposes that are not incompatible, provided there is a legal basis;
- effective protection of data subject rights. New data protection legislation shall provide for more personal empowerment and control for individuals;
- a new governance model. DPA should increasingly cooperate, particularly via a lead DPA.
The press release contains a link to the Appendix (Open Pdf) expressing WP29’s views on some identified areas of concern that need specific attention in the perspective of the trilogue between European institutions.
For an update on the trialogue concerning the EU Data Protection Regulation see here.
For more information, contact Francesca Giannoni-Crystal