Not sure if this is because of the run-up to Christmas (if so, I may have to become the Grinch, even if momentarily) but this week proved I should not have spoken too soon. It wasn’t as fruitful (pun is intended on this Blog) as last week. But fear not, it was still a lively week for Data Protection and Privacy.
🔏 Data Protection and Privacy
OECD countries adopted the first intergovernmental agreement on common approaches to safeguarding privacy, human rights and freedoms when accessing personal data for the purposes of national security and law enforcement. The agreement pretty much follows up on fundamental principles in the processing of data and include the principles of:
- legal basis
- legitimate aims
- approvals
- data handling
- transparency
- oversight
- redress
The European Declaration on Digital Rights and Principles was published. You will all be pleased to know, drumroll, we all now have effective control of our non-personal data too. European data strategy continues to puzzle us all, or me at least. The format though, is a god-send for summary enthusiasts like myself swoons. Here is an even simpler mind map, though, for momentary viewing.
The EU Commission published its draft adequacy decision on the transfers to the US based on the EU-US Data Privacy Framework. Once the adequacy decision is adopted, European entities will be able to transfer personal data to participating companies in the United States, without having to put in place additional data protection safeguards. Fingers crossed, Post-Schrems II data transfers will be the one.
EDPB adopted a statement on the CJEU’s latest decision on the PNR Directive. The CJEU decision had interpreted the Directive in light of the Charter and limited the ways in which Member States could process PNR data. The statement reiterates the Court’s findings, and stresses the balance between rights and security with the key limited purposes set out in the Directive. In a veery small nutshell, the EDPB warns Member States to tread carefully around PNR data.
⚖️ Other Rights in Digital Media
The Employment Committee of the European Parliament adopted a draft negotiating mandate on new rules to improve working conditions in platform work. This is a step towards the regulation of work in digital platforms including determination of employment status and how workers would be monitored and evaluated. The Committee backed the Commission’s 2021 proposal on platform work. The way to clarification of the rights of platform workers seems to be lighting up like a Christmas Market 💡
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