CNIL welcomes the draft report tabled by Mr Albrecht, the rapporteur for the European Parliament's Committee on Civil Liberties, Justice and Home Affairs. This report, which was published on January 8, 2013, largely meets the concerns expressed by CNIL about the proposed EU regulation on data protection.
The amendments tabled by the rapporteur are real progress and an important stepping stone in improving the initial text proposed by the European Commission. Key aspects are:
Also noteworthy is the possibility for the EDPB to draft guidelines for the supervisory authorities, as well as to deliver opinions on the codes of conduct drafted at EU level. Moreover, the EDPB would have to be consulted by the European Commission in the preparation of delegated acts and implementing acts, the which number would be much reduced.
On all these points, Mr Albrecht's proposals meet the recommendations made by CNIL.
CNIL also welcomes the deletion in the draft report of the possibility to use non-binding legal instruments in the context of data transfers to non-EU Member States.
Lastly, regarding the protection of citizens' rights, CNIL supports the improvements proposed by the rapporteur, namely the use of ‘pseudonymisation' and anonymisation of data, the free exercise of a right to object – which is to be proposed in clear and simple words by the controllers – and the clarification of what constitutes the expression of consent in the on-line environment.
CNIL shall pursue its efforts to ensure that these key elements proposed in Mr Albrecht's draft report are reflected in the final position of the European Parliament and eventually in the EU Regulation. Also, CNIL will continue to promote the insertion of a delisting obligation as a corollary of the right to be forgotten.