HomeInsightsArticle 29 Data Protection Working Party adopts Opinion on Draft Regulation on Privacy and Electronic Communications proposed by European Commission in January 2017

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In general, the Working Party welcomes the proposal for an e-Privacy Regulation.

In particular, it appreciates the choice of a Regulation as the regulatory instrument. Further, it is in favour of the equalisation of Over-The-Top (OTT) providers with telecom operators as regards confidentiality of communications. The Working Party also welcomes the attempt to modernise the rules applicable to tracking in the online world.

However, the Working Party has four points of “grave concern” relating to: (i) WiFi tracking; (ii) analysis of content and metadata; (iii) tracking walls; (iv) and privacy by default regarding terminal equipment and software. In the Working Party’s opinion, the proposed Regulation would lower the level of protection enjoyed under the GDPR in these areas. Accordingly, the Opinion sets out specific suggestions to ensure that the e-Privacy Regulation will guarantee the same, or a higher level of protection appropriate to the sensitive character of communications data (both content and metadata). To access the Opinion, click here.