The Article 29 Working Party held its April plenary meeting last week, where it continued its work preparing for the GDPR, adopted an opinion on the draft e-Privacy Regulation, and discussed the annual review of Privacy Shield.
No one could accuse the EU Article 29 Working Party of not delivering as promised. Following its recently held December plenary meeting, the WP29 has released three separate guidelines with their interpretation of some key aspects of the General Data Protection Regulation, namely: data portability, data protection officers, and lead supervisory authorities. At the same time, the WP29 has confirmed its role as the “EU centralised body” for handling individual complaints under the Privacy Shield and the re-establishment of its enforcement subgroup in charge of coordinating cross-border enforcement actions. We explore the three guidelines in this post.
Part 5 of Future-Proofing Privacy: New and Stronger Rights. The Regulation aims to strengthen the rights of individuals. It does so by retaining rights that already exist under the Data Protection Directive and introducing the new rights of data portability, the right to be forgotten, and certain rights in relation to profiling. In this chapter we look at each of these rights in turn and assess the likely practical impact that the changes brought about by the Regulation will have on organisations.
The Regulation aims to strengthen the rights of individuals. It does so by retaining rights that already exist under the Data Protection Directive and introducing the new rights of data portability, the right to be forgotten, and certain rights in relation to profiling. In this chapter we look at each of these rights in turn and assess the likely practical impact that the changes brought about by the Regulation will have on organisations. This entry is an excerpt from Hogan Lovells’ “Future-proofing privacy: A guide to preparing for the EU Data Protection Regulation.”
Addressing the French Parliamentary Commission on Digital Rights, CNIL and Article 29 Working Party Chair Isabelle Falque-Pierrotin commented on the current state of negotiations of the proposed European General Data Protection Regulation, warning that excessive reliance on a risk-based approach could undermine fundamental rights. A risk analysis is useful as a guide to allocate resources, but should not affect the underlying rights of the data subject, she said. To illustrate her point, Falque-Pierrotin used the analogy of a home owner who lives in a part of the city where burglaries are frequent. The risk-based approach means that the home owner will buy more locks for doors, and that police authorities may devote more resources to patrolling. It does not mean, however, that home owners have different rights depending on where they live. Falque-Pierrotin is concerned that the current negotiations on the risk-based approach may confuse these two concepts, leading to a situation where individuals’ rights are reduced or ignored for low-risk processing.
Hogan Lovells partners Quentin Archer, Roger Tym and Winston Maxwell hosted a London workshop on February 29, 2012 aimed at collecting comments for the UK Ministry of Justice’s public consultation on the proposed EU privacy Regulation. Workshop participants commented on the right to be forgotten, data portability, the accountability principle, data breach notifications, proposed requirements for consent, fining powers, and the “one-stop-shop” principle.
We are pleased to provide an English language translation of Paris Office Partner Winston Maxwell’s article examining the European Commission’s proposed regulation on data protection, focusing on the Commission’s choice of a regulation as opposed to a directive, and the new obligations that will be imposed on companies, including the accountability principle, privacy by design and the obligation to conduct privacy impact assessments (PIA) for certain kinds of processing. The article describes the proposed changes to the rules on applicable law, which are designed to bring certain non-European websites within the scope of European privacy rules, the proposed “right to be forgotten” and right to data portability.