The European Data Protection Supervisor issued today its Opinion on the data protection reform package proposed by the European Commission on January 25.
You can read it HERE.
The EDPS “welcomes the proposed Regulation as it constitutes a huge step forward for data protection in Europe” and “is particularly pleased to see that the instrument of a regulation is proposed for the general rules on data protection”.
However The EDPS is “seriously disappointed with the proposed Directive for data protection in the law enforcement area. The EDPS regrets that the Commission has chosen to regulate this matter in a self-standing legal instrument which provides for an inadequate level of protection, which is greatly inferior to the proposed Regulation”. That is an interesting point of view.
The greatest weakness is considered to be the perpetuation of “the lack of comprehensiveness of the EU data protection rules”. The EDPS considers the reform package “leaves many EU data protection instruments unaffected such as the data protection rules for the EU institutions and bodies, but also all specific instruments adopted in the area of police and judicial cooperation in criminal matters such as the Prüm Decision and the rules on Europol and Eurojust.
Furthermore, the proposed instruments taken together do not fully address factual situations which fall under both policy areas, such as the use of PNR or telecommunication data for law enforcement purposes”.
On 31 March 2011, the Commission adopted a proposal for a Directive of the European Parliament and of the Council on credit agreements relating to residential property.
The proposal involves a limited number of activities which have relevance under the EU data protection regime. These are mainly related to the consultation by creditors and credit intermediaries of the so-called “credit database” with the purpose of assessing the creditworthiness of consumers and to the release of information by the consumers to the creditors or credit intermediaries.
The European Data Protection Supervisor provided at the end of July an official opinion regarding this directive proposal. EDPS suggests some modifications in the original text, in the following directions:
1. The introduction of a new article which will reflect that national laws implementing directive 95/46/EC are the appropriate references and emphasize that any data processing operation must be carried out in accordance with those implementing laws.
2. The text of the proposal could specify in a more detailed way the sources from which information on the creditors’ creditworthiness can be obtained.
3. The text of the proposal should include the definition of criteria for the possibility to consult the database and the obligations to communicate the data subjects’ rights before any access to the database, thereby ensuring concrete and effective possibilities for data subjects to exercise their rights.
Those interested can find the EDPS opinion HERE.