EDPB Releases Agenda of Fifth Plenary; News on Twitter

The European Data Protection Board (EDPB) has released the agenda for its Fifth Plenary. The GDPR and data privacy topics for discussion and/or adoption that are in current focus are:

– The opinion on the Commission’s Japan Adequacy Decision. The EU and Japan concluded their talks on reciprocal adequacy in July to allow data to flow between the EU and Japan but there must be an opinion from the EDPB supporting the adequacy determination for the European Commission to adopt.

– Article 64 Opinions on DPIA lists under the General Data Protection Regulation (GDPR) from four countries. During the meeting, the EDPB adopted four opinions on Data Protection Impact Assessment lists submitted by DK, HR, LU and SI. Publication of the opinions is expected shortly to add to the existing set of guidance for Data Protection Authorities.

– The request for an Article 64 Opinion on the interplay between GDPR and the ePrivacy Regulation (ePR). There has been confusion about the separate obligations and overlap between GDPR and ePR.

– The EDPB also adopted a revised version of the WP29 guidelines on accreditation with a new annex that will be subject to public consultation. Other topics on the agenda included guidelines on codes of conduct and the reorganisation of the subgroups.

Among the topics for discussion and/or adoption by Subgroups and the Secretariat include GDPR Article 50, an update / recast of WP29’s Opinion on the concepts of controller and processor, as well as the appropriate balance between data protection and freedom of expression.

Other matters to be discussed include the Report on the Second Annual Review of the US-EU Privacy Shield. The joint review between the two countries of the agreement to protect transfers of personal data of EU and EEA residents to the United States revealed that there were fewer than 40 complaints filed by European data subjects in the past year.

The EDPB has already promised through Twitter to publish some of the resulting opinions/documents. We will keep an eye out for them, like we did the extraterritoriality guidance, and comment on it here on the Clarip Privacy Blog when it is available.

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