EDPS & Digital Agenda!


Brussels: 7 June 2010

The European Data Protection Supervisor (EDPS) has published the latest edition of EDPS Inventory that contains a list of subjects of special interest to the EDPS. The inventory is not exhaustive. However, it defines priorities in different areas, such as: Justice, Liberty and Security; Information Society and Media; Employment; Anti-Fraud; Energy and Transport; Public Health. The inventory published on the 7th June 2010 includes the Digital Agenda.

The Inventory Introduction states:

“This is the fourth public inventory of the EDPS as an advisor on proposals for EU legislation and related documents. Due to the publication of the Commission Work Programme 2010 and the Action Plan implementing the Stockholm Programme in March and April respectively, the EDPS inventory is published later than usual, namely in June instead of December. The inventory can be found at the website of the EDPS.

The inventory forms part of the annual work cycle of the EDPS. Once a year the EDPS reports retrospectively on his activities in the Annual Report. In addition, the EDPS publishes an inventory of his intentions in the area of consultation for the next year.”

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Towards a new legal framework for data protection (reference page 2):

“The right to data protection has been underlined and reinforced by the Lisbon Treaty. The right to data protection is set out in Article 8 of the EU Charter on Fundamental Rights which now has the same legal value as the treaties. The right is furthermore laid down in Article 16 TFEU which now constitutes the single legal basis for the adoption of data protection legislation. This new legal basis has given important impetus to the discussion on the revision of the EU rules on data protection. A public consultation on the improvement of data protection rules was held in the second half of 2009 and a proposal for a new legal framework is expected before the end of 2010. Many improvements of the current framework have been suggested, such as the introduction of an obligation to notify security breaches, the increased empowerment of the data subject, and the introduction of the principles of 'accountability' and 'privacy-by-design'. A strong message on the independence of National Data Protection Authorities has furthermore been given by the European Court of Justice in its judgement of 9 March 2010. The EDPS encourages the idea of strengthening the current rules on data protection and supports the inclusion in the new legislative text of the area of police and judicial cooperation (which is current dealt with in the separate Framework Decision 2008/977/JHA). The new legal framework on data protection is one of the top priorities of the EDPS in 2010.”

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Technological developments: the Digital Agenda for Europe (reference page 3):

“In March 2010 the Commission published an initiative 'Europe 2020 - a strategy for smart, sustainable and inclusive growth'. The initiative is a response to the financial and economic crisis of recent years and sets goals for the further growth of the European economy. One of the strategic initiatives set out in the Europe 2020 Communication is the Digital Agenda for Europe, which is further clarified in the Commission Work Programme 2010. The digital agenda sets out priorities to speed up the roll-out of high speed internet and tap the potential of digital technologies for households and firms. Many of the announced initiatives in relation to the digital agenda have data protection relevance, such as the framework for electronic identity (eID) and authentication and the interoperability framework for pan-European eGovernment services. In relation to the digital agenda, the EDPS will also look at the Communication on privacy and trust in the ubiquitous information society. In addition, the EDPS will follow the proposals which envisage the introduction of new technology in areas such as road transport (the e-mobility package) and energy (the use of smart grids).”

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