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
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EU: EDPS and EDPB adopt joint opinion on proposal of Data Act
May 5, 2022
Summary
The EDPS and EDPB have jointly issued an opinion on the EU's Data Act proposal, emphasizing the need to protect data subjects' rights, especially for sensitive personal data. They advocate for full compliance with data protection principles when accessing, using, and sharing personal data and suggest design changes for anonymity and minimal privacy intrusion. The opinion also recommends restrictions on data use for direct marketing, employee monitoring, insurance premium adjustments, and credit scoring to protect vulnerable individuals, including minors. The EDPS calls for clear limitations on public authorities' access to data, ensuring it is necessary and proportionate.