According to European privacy regulators, the data regulation proposed by the European Commission earlier this year is not very clear when it comes to the GDPR. This regulation also gives governments plenty of room to demand data from companies.
to data organization EU citizens and companies should have more control over their private data. For example, users should be able to view their own data and should be able to ask companies to share that data with other companies, such as smart devices like doorbells and thermostats.
When this data is shared, personal data may also be shared Dutch data protection authority† The Privacy Moderator believes that little attention is currently being given to implementing the GDPR within the Data Regulation, which means that it may be unclear to businesses and users whether the GDPR applies under the new Regulation.
The Netherlands Data Protection Authority and European Data Protection Council Emphasize that when using personal data, the General Data Protection Regulation (GDPR) always takes precedence over the data regulation. So if a company has to share personal data in accordance with the Data Regulation, it is only allowed to do so if it is also possible under the GDPR rules. The EDPB believes this should be made more clear in the data regulation, and the authority wrote in an advice to the EU.
In addition to the GDPR’s role in regulation, European regulators also criticize the freedom given to governments to request personal data from companies. Under the Data Regulation, companies are obligated to share data with governments in emergency situations. The European Commission cited floods and forest fires as examples. The idea is that by using this data, member states may be able to respond faster to those emergencies.
However, privacy regulators believe the regulation does not clearly specify when companies are obligated to share data and which data is relevant. As a result, according to the regulators, there are very few guarantees for the privacy of citizens within the data list.
The European Commission proposed the data list in February. The European Parliament and EU member states still have to give their consent before the regulation can go into effect. With their advice, privacy regulators hope the text will be amended before it is adopted.
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