EDPB: Proposed EC Definition of Personal Data Isn't a 'Targeted' GDPR Modification
The European Data Protection Board (EDPB) and European Data Protection Supervisor (EDPS) already agree that a European Commission-proposed change to the definition of personal data in the digital omnibus "seems to go further than the recent CJEU [Court of Justice of the EU] case law, and beyond a targeted modification of the GDPR," the EDPB said Thursday.
Sign up for a free preview to unlock the rest of this article
Privacy Daily provides accurate coverage of newsworthy developments in data protection legislation, regulation, litigation, and enforcement for privacy professionals responsible for ensuring effective organizational data privacy compliance.
The board discussed the legislation at its plenary this week and will issue an opinion about it with the EDPS. That opinion will focus on how the proposal would affect people's fundamental rights and whether it will simplify rules for organizations and give them more legal certainty, the EDPB said.
If approved by the EU Council and European Parliament, the measure would revise the GDPR's definition of personal data to exclude information where the entity holding it doesn't have "means reasonably likely to be used" to identify that individual (see 2511240001).
In addition, EDPB members approved recommendations on the legal basis for requiring users to create accounts on e-commerce websites. These included websites giving users the choice to engage as a "guest," make purchases without creating an account or create an account voluntarily. That minimizes the gathering and processing of personal data and aligns with the GDPR principle of data protection by design and by default, the board noted.
The requirement to create an account can be justified in several cases, including offering a subscription service or providing access to exclusive offers, the EDPB added. It said it plans to seek input from stakeholders on the recommendations.
Also at the meeting, members elected Slovenian Information Commissioner Jelena Virant Burnik as the new deputy board chair.