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e-Privacy project still incompatible with GDPR

From three years in the European Parliament there is a debate on EU rules on privacy in electronic communications.

From three years in the European Parliament there is a debate on EU rules on privacy in electronic communications.

The law called e-Privacy at this stage still has a lot of loopholes, including those arising from incompatibility with the GDPR Regulation.

From three years in the European Parliament there is a debate on EU rules on privacy in electronic communications. The law called e-Privacy at this stage still has a lot of loopholes, including those arising from incompatibility with the GDPR Regulation.

The draft Regulation on privacy and electronic communications was published by the European Commission 10 January 2017 It is intended to replace the current Directive 2002/58 privacy and adapt privacy and data protection rules in electronic communications to current market realities and technological-logical progress.

Changes in privacy on the Internet

Regulations on respect for private life and the protection of personal data in electronic communications – ePrivacy – are also called the cookie law, because it is mainly online cookies that were dealt with at the beginning of its implementation. Under its power, an order was introduced to display on websites consents regarding the use of cookies, which largely serve advertisers to collect consumer information.

Decision-makers in Brussels from 2017 they are having a heated debate on exactly what needs to be changed to secure private data online and how far the new rules should go. The modification of ePrivacy's application aims to loosen cybersecurity in "internal" networks, which many experts consider to open the way for tracking and collecting certain types of data without the user's consent.

In collision with GDPR

The project is designed to complement and detail the EU Regulation Directive 2016/679 on the protection of personal data (the so-called GDPR). Meanwhile, in the current shape unfortunately these two Regulations often conflict.

As noted Polish Confederation Lewiatan: „the best solution would be to replace the conditions for data processing under Article 6 and 8 e-Privacy's draft regulation by referring to GDPR provisions, without creating additional conditions and separate rules for processing such data.

For data that do not constitute personal data within the meaning of the GDPR, clear rules for processing should be created in e-Privacy.

In this sharing of this data, which is necessary to ensure that technologies such as Big Data or artificial intelligence really (not just on paper and in the media-political sphere) develop in Poland and the European Union."

Another EU Parliament debate on the Regulation on privacy and electronic communications 10 March.b.r.

Author: Katarzyna Kołbuś

Editor leading RB Magazine. From Over 10 years related to industry press, including the Financial Gazette and portal ipip.com.pl, which is devoted to finance, taxation, law, politics and the economy. She graduated from Polish philology at the UMCS and the linguistic text editing at the University of Warsaw

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