EDPS Publishes Opinion 6/2017 on the ePrivacy Regulation: THE EPRIVACY REGULATION PART II

Yesterday (24 April 2017) the European Data Protection Supervisor (EDPS) published Opinion 6/2017 on the Proposal for a Regulation on Privacy and Electronic Communications.

The Opinion stresses the importance of the Proposal and the fact that European data protection regulation would be incomplete without an instrument that governs the confidentiality of communications as protected under Article 7 of the Charter of Fundamental Rights. The EDPS, however, also expresses a series of concerns which should be taken into consideration in forthcoming discussions.

Here’s a short guide to the Pros and Cons presented in the Opinion.

Pros according to the EDPS: 

In the Opinion, the EDPS confirms its support of the proposal and the notion that it is a regulation which means that it will be directly applicable, contributing to the unity and conformity of EU data protection regulations.

  • Covers content and metadata
  • Extends confidentiality to OTTs
  • Enforcement powers only to DPAs = more effective enforcement
  • Processing only under clearly defined conditions
  • Consent: new articles 9 and 10
  • Focus on security and alignment with GDPR on data breaches
  • Opt-in for unsolicited commercial communications.

Cons and Suggestions according to the EDPS: 

The EDPS, however, has several concerns with regards to the proposed Regulation which it believes could put at risk the protection which it promises.

You can read the entire EDPS Opinion, from which this post was inspired, here.

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