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HomeOpinion of the European Union Agency for Fundamental Rights on the proposed data protection reform package
Opinion of the European Union Agency for Fundamental Rights on the proposed data protection reform package
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The proposed instruments aim to protect fundamental rights in general and data protection in particular. Both draft proposals set out a list of fundamental rights potentially affected by the data protection reform package. However, the list of fundamental rights affected differs between both instruments. Therefore, consideration could be given to align the lists of fundamental rights affected in both instruments. Otherwise, any discrepancy between the lists of affected fundamental rights should be justified in terms of the specificity of the scope of each instrument, whereby the drafts would be amended accordingly. The list of affected fundamental rights might also be expanded in both instruments. The data protection reform package could potentially limit a number of fundamental rights that are not specifically mentioned in the proposed instruments. Consideration could be given to insert a specific reference stating that these instruments are applied in a manner consistent with the provisions of the Charter. Certain delegated and implementing acts could restrict fundamental rights. Consideration could be given to insert an explicit guarantee that both delegated and implementing acts would not limit fundamental rights in a way contrary to the Charter. In the context of data transfer to third countries, for which there is no adequacy decision, the draft instruments provide for safeguards relating specifically to the protection of personal data but not to the protection of other fundamental rights. Consideration could be given to insert a provision for a strong fundamental rights safeguard concerning sharing of information with third countries.
- Published:
- Corporate author(s): European Union Agency for Fundamental Rights (EU body or agency)
- Themes: Law and justice
- Subject: data protection , freedom of expression , fundamental rights , judicial reform , personal data , protection of privacy
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| ISSN 2362-9754 | ISBN 978-92-9239-036-5 | DOI 10.2811/19944 | Catalogue number TK-30-12-977-EN-C |
- Released on EU Publications:
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