Europees recht op vergeten worden

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Eurocommissaris Reding heeft afgelopen week in een toespraak aan het Europees parlement aangegeven dat de Europese privacy-richtlijn zal worden gemoderniseerd. Hierbij gaf ze aan dat hiervoor vier uitgangspunten gelden:

1. Het recht om te worden vergeten

a comprehensive set of existing and new rules to better cope with privacy risks online. When modernising the legislation, I want to explicitly clarify that people shall have the right – and not only the "possibility" – to withdraw their consent to data processing. The burden of proof should be on data controllers – those who process your personal data. They must prove that they need to keep the data rather than individuals having to prove that collecting their data is not necessary.

2. Transparantie

Individuals must be informed about which data is collected and for what purposes. They need to know how it might be used by third parties. They must know their rights and which authority to address if those rights are violated. They must be told about the risks related to the processing of their personal data so that they don't loose control over their data or that their data is not misused. This is particularly important for young people in the online world.

3. Privacy by default

Privacy settings often require considerable operational effort in order to be put in place. Such settings are not a reliable indication of consumers' consent. This needs to be changed.

4. Bescherming ongeacht de locatie van de data

It means that homogeneous privacy standards for European citizens should apply independently of the area of the world in which their data is being processed. They should apply whatever the geographical location of the service provider and whatever technical means used to provide the service. There should be no exceptions for third countries' service providers controlling our citizens' data. Any company operating in the EU market or any online product that is targeted at EU consumers must comply with EU rules.

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