INFORMATION TECHNOLOGY
EDPS and EDPB adopt joint opinion on proposal of Data Act.
The European Data Protection Supervisor ('EDPS') announced, on 5 May 2022, that it had jointly, with the European Data Protection Board ('EDPB'), published and adopted its Opinion on the Proposal of the European Parliament and of the Council on harmonised rules on fair access to and use of data ('the Data Act').
In particular, the EDPS noted that it, along with the EDPB, welcome the efforts made to ensure that the Data Act does not affect the current data protection framework, and at the same time, since the Data Act would also apply to highly sensitive personal data, the EDPS and EDPB urge the co-legislators to ensure that data subjects' rights are duly protected. Furthermore the EDPS noted that the access, use, and sharing of personal data by entities other than data subjects should occur in full compliance with all data protection principles and rules and highlighted that products should be designed in such a way that data subjects are offered the possibility to use devices anonymously or in the least privacy intrusive way possible.
In addition, the EDPS noted that it, alongside the EDPB, advise the co-legislators to include limitations or restrictions on the use of data generated by the use of a product or service by any entity other than data subjects, in particular where the data at issue is likely to allow precise conclusions to be drawn concerning data subjects' private lives, or would otherwise entail high risks to the rights and freedoms of data subjects.
Furthermore, the Opinion notes that the EDPS and EDPB recommend introducing clear limitations regarding the use of the relevant data for purposes of direct marketing or advertising, employee monitoring, calculating, modifying insurance premiums, and credit scoring, further highlighting that limitations on the use of data should be provided to protect vulnerable data subjects, including minors.
In particular, the EDPS noted that it, along with the EDPB, welcome the efforts made to ensure that the Data Act does not affect the current data protection framework, and at the same time, since the Data Act would also apply to highly sensitive personal data, the EDPS and EDPB urge the co-legislators to ensure that data subjects' rights are duly protected. Furthermore the EDPS noted that the access, use, and sharing of personal data by entities other than data subjects should occur in full compliance with all data protection principles and rules and highlighted that products should be designed in such a way that data subjects are offered the possibility to use devices anonymously or in the least privacy intrusive way possible.
In addition, the EDPS noted that it, alongside the EDPB, advise the co-legislators to include limitations or restrictions on the use of data generated by the use of a product or service by any entity other than data subjects, in particular where the data at issue is likely to allow precise conclusions to be drawn concerning data subjects' private lives, or would otherwise entail high risks to the rights and freedoms of data subjects.
Furthermore, the Opinion notes that the EDPS and EDPB recommend introducing clear limitations regarding the use of the relevant data for purposes of direct marketing or advertising, employee monitoring, calculating, modifying insurance premiums, and credit scoring, further highlighting that limitations on the use of data should be provided to protect vulnerable data subjects, including minors.
