Article 42 of Regulation (EU) 2018/1725 requires the EDPS to be consulted on legislative proposals and other initiatives that have an impact on the protection of individuals’ rights and freedoms related to the processing of personal data.
In our role as advisor to the European Commission, European Parliament and Council, the EDPS has developed draft Guidance for co-legislators on the main elements to consider when developing legislative proposals that imply the processing of personal data.
Any legislative proposal that implies the processing of personal data must comply with the Charter of Fundamental Rights of the European Union, including the right to respect for private and family life and the right to the protection of personal data. Where the interference is serious, there is a greater need for clear and precise rules governing the scope and application of the foreseen measure as well as robust safeguards.
The draft Guidance is indicative of the approach taken by the EDPS in the majority of cases. A case-by-case assessment remains necessary and different approaches may be called for in light of the subject and nature of the proposal.
The EDPS welcomes feedback on the draft Guidance until March 31 2024.
Please submit your feedback to the following mailbox: POLICY-CONSULT@edps.europa.eu.