Hearing on ePrivacy: “The proposed rules for the respect for private life and the protection of personal data in the electronic communications in the EU”
Rue Wiertz 60
1047 Bruxelles
Belgium
On 10 January 2017 the Commission has presented a proposal for a Regulation concerning the respect for private life and the protection of personal data in electronic communications and repealing Directive 2002/58/EC) (ePrivacy Regulation).
The ePrivacy Directive (2002/58/EC) set forth rules guaranteeing the protection of privacy in the electronic communications sector. It aimed to ensure that the protection of confidentiality of communications, in line with the fundamental right to the respect of private and family life enshrined in Article 7 of the EU Charter of Fundamental Rights, is guaranteed.
The proposed ePrivacy Regulation takes account of the important technological and economic developments in the electronic communication sector since the adoption of the ePrivacy Directive in 2002, where new services of interpersonal communications coexist in parallel with traditional communication services and presenting a similar impact on the privacy and the protection of personal data of individuals. These new services were not submitted to the protections of private life and data processing set out in Directive 2002/58 resulting therefore in a void of protection.
The proposal expands its scope to cover the new forms of electronic communications and ensure the same level of protection of individuals regardless the communication service used. It also update the current rules on the e-Privacy Directive 2002/58/EC to align with the new EU data protection legal framework established by the General Data Protection Regulation (EU) 2016/679. It takes account of experience gained over the years regarding cookies and other tools enabling tracking of individuals and seriously impacting on the private life and confidentiality of communications. Finally, it takes stock of the recent case law of the Court of Justice.
Similarly to the articulation between the ePrivacy Directive 2002/58/EC and the Directive 95/46/EC, the proposed ePrivacy Regulation particularises and complements the General Data Protection Regulation 2016/679. The rules of the ePrivacy Regulation should not lower the level of protection afforded by the General Data Protection Regulation.
The proposal would increase trust and security of digital services contributing to the achievement of the Digital Single Market Strategy.
This hearing addresses different elements of the new proposal in order to provide the European Parliament with the views of the main actors involved: telecommunications sector, new communication services provides (OTT), consumers, NGOs, professors, data protection authorities so as to obtain a broad and representative picture in view of the preparation of the LIBE Committee legislative report.