On the 13th of March, the Council reached a partial general approach on specific issues of the draft regulation setting out the general EU framework for data protection. The partial general approach agreed upon by the ministers includes a one-stop-shop for dealing with disputes and establishes a single interlocutor for companies (chapters VI and VII), along with general guidelines on how to deal with personal data protection (chapter II), the legal basis according to which companies may use data, how users are to give their consent and the transfer and use of data for scientific ends.
On the same day, the Transport & Telecommunications & Energy Council Meeting took place. Germany and France raised the issue of unfair competition from Gulf airlines, which apparently are heavily subsidised from the public purse. Both countries, which would like to see a common strategy to deal with this matter, suggested a review of Regulation 868/2004 on protection against subsidisation and unfair pricing practices in air transport.
Data Protection Reform
- ‘One-stop-shop mechanism’
In the partial agreement, the ministers moved closer to a broad approach, which is expected in June on the overall approach to reform of the general regulation and the directive on policing. If an overall approach is reached, then three-way talks would be able to begin with the European Parliament. However, many delegations are hoping to change levels of protection for users in the three-way talks because they fear that the draft on the table does not even go as far as laid down in the 1995 directive, such as Austria’s concern about the multiple objectives and ‘legitimate interests’ of companies that allow personal information to be made use of.
For the one-stop-shop mechanism, companies will have a single national regulatory body, even if they operate in a number of countries. The regulatory body will be the one for the country where it has its head office. The Member States fear that in practice, it will be more complicated for disputes or court cases about the use of personal information. For instance, under the proposed arrangement that has been reached, for example, an EU citizen having troubles with the removing of his online data could take this to the national authority in his country. The national authority would then rule on this point. If the said citizen disagrees with the national authority’s ruling, he would be able to challenge the decision at the national court.
Ireland and the United Kingdom made it clear on Friday that they are not satisfied with the one-stop-shop mechanism as proposed, even though it allows some proximity for individuals. Ireland welcomed the fact that that it would only be used for important cases and not applied in minor cases.
- General principles on data processing
The Ministers have agreed on a set of principles for lawful, fair and transparent data processing. The proposed text also includes measures for processing on the basis of consent.
Austria, supported by Italy and other countries, require more details and guarantees about companies’ “legitimate interests” that would give them the right to use information (6 or 7 legal reasons are foreseen in the regulation). Austria insisted on the point that in order to be entitled to process information, one needs a properly motivated and substantial interest, but this was not properly expressed in the draft legislation. Another concern is about how different companies would use the information later on. For instance, could a data controller at one company have the right to pass on the customer’s private information to a similar company without the customer giving extra consent for this (This hypothesis could be envisaged under the NDC scheme)? This question was not solved on Friday and is of particular concern to Austria and Luxembourg, which fear that it could lead to a weakening of users’ rights.
Further info:
General Data Protection Regulation – The one-stop-shop mechanism (Chapters VI and VII)
General Data Protection Regulation – Principles (Chapter II)
EU – Gulf Cooperation Council (GCC) aviation dialogue and fair competition
The French and German delegations expressed their views on fair competition in the context of the aviation dialogue with the Gulf Cooperation Council (GCC) states. They called for a joint European solution as the way forward. Several member states took the floor to support this initiative, which was also welcomed by the Commission. The Commission promised to take it into account in its upcoming Aviation package. It would prepare a strategy to increase the competitiveness of EU aviation. The strategy would include relations with key partners, including Gulf countries.
