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PORTUGESE SUPERVISORY AUTHORITY: EUROPEAN DATA PROTECTION BOARD CRITICIZES THE CURRENT TEXT DEL EPRIVACY REGULATION

PORTUGESE SUPERVISORY AUTHORITY: EUROPEAN DATA PROTECTION BOARD CRITICIZES THE CURRENT TEXT DEL EPRIVACY REGULATION

The European Data Protection Board (EDPB) last week approved a Statement on the ePrivacy Regulation, concerning privacy in electronic communications, in which it criticises the text currently on the table and which corresponds to the “Council position”.

In Declaration 3/2021, the European Board expresses its concern about the retention of telecommunications data for the purposes of criminal investigation and national security, stressing that the regulation cannot derogate from the latest case law of the Court of Justice, which considered that the Charter of Fundamental Rights should be interpreted as not allowing for legislative measures leading to the widespread and indiscriminate storage of traffic and location data.

EDPB further argues that the right to confidentiality of communications should apply to all communications, irrespective of the means used, from the sender to the recipient, and should also protect the integrity of the user’s terminal equipment. The Board therefore condemns the very broad exceptions which allow access to communications, including their content.

The European Board reiterates the importance of anonymity in the context of electronic communications and stresses in particular that strong and reliable cryptography is a necessity in the modern digital world.

As far as cookies are concerned, EDPB clearly demonstrates against the so-called cookie walls and the broad derogations proposed by the Council which it claims are intrusive practices. It also proposes to solve the problem of the “fatigue of consensus” through the application of effective mechanisms to obtain consent.

edpb_statement_032021_eprivacy_regulation_en (2)

SOURCE: AUTORITA’ PER LA PROTEZIONE DEI DATI DEL PORTOGALLO

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