1 / 9

Data Protection and Freedom of Information at EU level

Data Protection and Freedom of Information at EU level. Peter Hustinx 28 September 2010. Art 10 ECHR CoE Convention 205 (2009) Art 255 EC Treaty Regulation (EC) 1049/2001 Art 42 EU Charter Art 15 TFEU (Lisbon Treaty). Transparency (FOI). Art 8 ECHR CoE Convention 108 (1981)

aldis
Download Presentation

Data Protection and Freedom of Information at EU level

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Data Protection and Freedom of Information at EU level Peter Hustinx 28 September 2010

  2. Art 10 ECHR CoE Convention 205 (2009) Art 255 EC Treaty Regulation (EC) 1049/2001 Art 42 EU Charter Art 15 TFEU (Lisbon Treaty) Transparency(FOI)

  3. Art 8 ECHR CoE Convention 108 (1981) Art 286 EC Treaty Regulation (EC) 45/2001 Art 7-8 EU Charter Art 16 TFEU (Lisbon Treaty) Data Protection

  4. Scope for conflict Interface limited, but relevant e.g. expenses of MEP, staff data All documents with personal data? Dealing with conflicts Balancing case-by-case Need for a clear framework Ensure proportionality & simplicity DP & FOI

  5. Regulation (EC) 45/2001 Grounds for lawful processing Transfers to recipients (“necessity test”) Regulation (EC) 1049/2001 Art 4.1 – “Shall refuse access where disclosure would undermine the protection of ...” Sub b – “privacy and integrity of the individual, in particular in accordance with Community legislation regarding the protection of personal data.” EU legal framework

  6. Background Paper (July 2005) “Public Access and Data Protection” – Analysis of interface, guidelines, checklist Cooperation with EU Ombudsman Interventions in Court cases e.g. Bavarian Lager vs Commission Review of Regulation (EC) 1049/2001 EDPS Opinion (June 2008) > draft EP report EDPS approach

  7. Access to minutes of meeting (“UK beer market”) COM refusal (also) based on “data protection” CFI (GC) 8 November 2007, Case T-194/04 Very similar to EDPS approach ECJ 29 June 2010, Case C-28/08 P Priority for Regulation (EC) 1049/2001 Full scope of exception, including “reference” to Regulation (EC) 45/2001 Bavarian Lager

  8. EDPS Press release, 30 June 2010 “Review more urgent after Court ruling” Addendum to Background Paper Analysis ECJ judgment and consequences “Proactive approach” more relevant Public disclosure in Regulation (EC) 45/2001 Interventions in Court cases Seeking refinement of ECJ judgment Follow up of Bavarian Lager

  9. More information: www.edps.europa.eu edps@edps.europa.eu Postal address: Rue Wiertz 60 - MO 63 B-1047 Brussels

More Related