European Union: Consultation on the review of the ePrivacy Directive

Dear Members,

I am sharing this consultation on the evaluation and review of the e-Privacy Directive with you which was opened this Monday by the European Commission. I thought it would be relevant as it relates to the GDPR..

Background:

While the Data Protection Directive – soon to be replaced by the Data Protection Regulation – is the main legislative instrument for the protection of personal data in Europe. Legislators considered that additional, more specific rules were needed to protect privacy in the electronic communications sector. Thus, in 2002 the e-Privacy Directive (2002/58/EC) was adopted. This Directive is also part of the EU Regulatory Framework for Electronic Communications, which was amended in 2009 and is currently undergoing a second revision.

One of the main aims of the e-Privacy Directive is to ensure the confidentiality of communications and it sets up specific rules on the processing of personal data in the electronic communications sector, for instance by requiring users’ consent before listing their phone number in a public directory. It also stipulates the use of automated dialling systems which with the OFCOM

Objectives and structure of the Consultation:

The consultation aims at:

gathering input for the evaluation process of the Directive
collecting views on the possible options for the revision of the Directive

Several questions are also focussing on the interplay between the e-Privacy Directive and the future GDPR.

Timeline and Next steps:

Deadline for submission of answers: 5 July 2016
Based on the results the Commission will compile a report which will be publicly available
The results will also contribute to a working document including all the Commission findings in view of the evaluation of the e-Privacy Directive
The Commission will publish the proposal for the review of the Directive in the second half of 2016

The full text of the Consultation is available here.

BIIA in conjunction with ACCIS will review whether to respond to the consultation.

Regards