3rd Newsletter -> 22 - 28 July 2016

EDPS’s official opinion on the review of the ePrivacy Directive

European Data Protection Supervisor (EDPS) Giovanni Buttarelli published his official opinion on the review of the ePrivacy Directive(2002/58/EC) on Monday, July 25, 2016. The Directive, mainly known for regulating Internet cookies, is due for an overhaul to bring it in line with the new General Data Protection Regulation and to reinforce confidentiality and integrity of electronic communications.

Most notably, Mr. Buttarelli stated that the new rules should allow users to use end-to-end encryption to protect their electronic communications. The ePrivacy Directive should continue to ban interception/surveillance of communications, covering both content and metadata. Any possible backdoors, decryption, reverse engineering or monitoring of communications protected by encryption should be prohibited. In addition, end-to-end security should be encouraged in line with the principle of protection by design.

The EDPS wants to ensure that all forms of electronic communication are covered by privacy safeguards. Furthermore, the same level of protection should be applied to all publicly accessible networks, such as Wi-Fi services in restaurants, hotels, airports, etc. The users to need have user-friendly and effective mechanisms to give, or not give, their consent. Finally, existing rules on spam should also be updated.

Read more HERE

Read the Official Opinion HERE

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Privacy Shield allowed to run for a year

The Privacy Shield Framework Agreement will allow the US businesses to self-certify their compliance with a set of privacy principles from August 1, 2016, onwards. Consequently it will allow companies to transfer personal data from the EU to the United States. The EU Commission approved this agreement earlier this month after successfully negotiating a set of amendments proposed by Article 29 Working Party with the U.S. counterpart.

This week the Working Party issued a new statement welcoming the fact its concerns were taken into consideration in the final version of the Privacy Shield documents, but said it still has some issues with the framework. However, it decided not to challenge the legitimacy of the Privacy Shield during its first year of operation. The first joint annual review of the Privacy Shield will be "a key moment for the robustness and efficiency of the Privacy Shield mechanism to be further assessed”. It also suggested businesses are free to continue using Binding Corporate Rules (BCRs) and model contract clauses during that time to underpin their EU-US data transfer arrangements.

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