The ICO reacts to LIBE committee recommendations on the EU DP draft Regulation

The ICO says that EU countries’ different interpretations on legitimate interests need to be retained in the new DP legislative framework. Commenting on the European Parliament’s LIBE Committee draft report on the draft EU DP Regulation, the ICO says that the Parliament could be even more ambitious in its recommendations.  A truly risk-based approach to compliance is needed, and the authorities need to concentrate their efforts on high-risk processing operations. Similarly, more discretion is needed for the DPAs to decide when to fine, and linking fines to turnover may not be practical.

The ICO supports a high level of consent, but there must be alternatives for situations where consent is not viable. Also, the concept of ‘personal data’ needs to be clarified; in particular the status of pseudonymised data and IP addresses.

The European Parliament’s LIBE Commmittee (Civil Liberties, Justice and Home Affairs) published its draft reporton 10 January.