Statement on the Digital Services Package and Data Strategy Adopted on 18 November 2021
In few words: don't rule datas without DPA because DPA are based on inalienable fundamental rights and GDPR prevails.
1. LACK OF PROTECTION OF INDIVIDUALS’ FUNDAMENTAL RIGHTS
In the proposals, certain choices have been made that are likely to have a long-lasting impact on the fundamental rights and freedoms of individuals and society as a whole
2. FRAGMENTED SUPERVISION
The proposals all provide for the establishment of supervisory authorities and new European cooperation structures between these authorities (‘European Boards’)
3. RISKS OF INCONSISTENCIES
The proposals all aim to regulate technologies or activities that involve the processing of personal data. As such, the existing data protection framework is fully applicable. The operative text of the
proposals, however, may create ambiguity as to the applicability of the data protection framework in certain cases.
In a similar vein, the EDPB therefore calls upon the Commission to avoid ambiguities in the new proposals to ensure legal certainty and coherence with the existing data protection framework to ensure its effective application.
(i) the inalienable nature of right to the protection of personal data as a right relating to each natural person, established under Article 16(1) TFEU and Article 8 of the EU Charter, which cannot be waived34.
(ii) the need to incorporate specific safeguards to ensure compliance with all data protection principles, in particular data minimisation, purpose limitation and transparency.
(iii) the importance of the obligation of data protection by design and by default, which is particularly relevant in the context of ‘connected objects’
Così commentano su techcrunch:
"Johnny Ryan, ... kicked off his presentation with a pointed debunking of industry spin, telling MEPs that the issue isn’t, as the title of the session had it, “targeted ads”; rather the problem boils down to “tracking-based ads”.
“You can have targeting, without having tracking,” he told MEPs, warning: “The industry that makes money from tracking wants you to think otherwise. So let’s correct that.”"