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Information & Ethics committee I would welcome a similar approach on those areas, of course, but I'm saying that the evaluation by the EU side builds on a different approach, where they are part of the global analysis, but we look to many other things that are—in a few cases—more essential. Being the one tak
June 13th, 2017Committee meeting
Giovanni Buttarelli
Information & Ethics committee Are you relating to the adequacy finding?
June 13th, 2017Committee meeting
Giovanni Buttarelli
Information & Ethics committee Okay. Here we don't have too much novelty. The GDPR does not mention the artificial intelligence, but there is a provision which is in continuity with the current directive. It provides for this article 22, which provides for a line of continuity. The data subject will continuin
June 13th, 2017Committee meeting
Giovanni Buttarelli
Information & Ethics committee Portability is less new than originally expected. It means that if I move to another provider, there is no detrimental approach in practice. The Article 29 Working Party has adopted guidelines recently. They appear on one point to be controversial with regard to the interpretatio
June 13th, 2017Committee meeting
Giovanni Buttarelli
Information & Ethics committee Yes, it is an area of major concern, but I would like to take this opportunity to draw your attention to a recent position by the Article 29 Working Party, according to which our opinion for the assessment by the commissioner will be based on more than those principles. We woul
June 13th, 2017Committee meeting
Giovanni Buttarelli
Information & Ethics committee We have not in the past been forcing third countries to copy the European Union, although an inefficient legal system is also to be dissuaded. I successfully persuaded the legislators to say that administrative fines are not to apply in a tot capita, tot sententiae approach, in t
June 13th, 2017Committee meeting
Giovanni Buttarelli
Information & Ethics committee I'm not best placed to—
June 13th, 2017Committee meeting
Giovanni Buttarelli
Information & Ethics committee Let me say that the vast majority of DPAs in EU member states are currently not equipped with the duty to apply sanctions. The near future is exactly the opposite. There is a provision in the GDPR saying that member states may, at the end, decide that the DPA brings a controller
June 13th, 2017Committee meeting
Giovanni Buttarelli
Information & Ethics committee Privacy by design and privacy by default are no longer recommendations. They are now legal grounds and clear obligations for every controller. It means that systems are to be designed with a user-friendly and less invasive approach. There are obligations addressed to controllers,
June 13th, 2017Committee meeting
Giovanni Buttarelli
Information & Ethics committee With regard to the EU position, not just the one of my institution, you may look at the latest state of the union speech by President Juncker, which says we need coherence and consistency. Europe, regarding the GDPR with the directives I mentioned, would like to have one coherent
June 13th, 2017Committee meeting
Giovanni Buttarelli
Information & Ethics committee Yes. We have published a paper to recommend, in case of future talks—an upgrade or very familiar existing provisions, including those in the GATT area—to assist the approach I've just described.
June 13th, 2017Committee meeting
Giovanni Buttarelli
Information & Ethics committee In the communication of the commission that I mentioned, they declare that on top of their priorities now, they have, for this year and early next year, Japan and South Korea. Both countries want—and this was a point discussed even at the G7 meeting in Taormina—to sign trade agre
June 13th, 2017Committee meeting
Giovanni Buttarelli
Information & Ethics committee Yes, it is. We would like to see how things will evolve. This was a point made for a compromise approach by member states. It could be that some countries might decide differently, although, for instance, the first piece of legislation introduced by the EU with regard to EU inst
June 13th, 2017Committee meeting
Giovanni Buttarelli
Information & Ethics committee The GDPR provisions on transfer of data apply to all controls in the public and the private area without any distinction. We have different criteria now for the assessment. They basically allow for it to say that it should be a global evaluation and not purely a legal one. The c
June 13th, 2017Committee meeting
Giovanni Buttarelli
Information & Ethics committee This is a question where I risk displeasing you. Let me speak as a member of the judiciary, as I am, to say that the GDPR contains very little news on the right to be forgotten. You will not find any specific reference. If you interview the rapporteur of the Costeja González ca
June 13th, 2017Committee meeting
Giovanni Buttarelli