European Commission to NTIA: More Control Over Data Will Increase Trust and Yield More Sharing

The European Commission (EC) was among the organizations that submitted a public comment to the National Telecommunications and Information Administration (NTIA) at the United States Department of Commerce on its proposed approach to consumer privacy. Because of the European Union’s leadership on data privacy and the positioning of the United States for a new federal privacy law as an alternative to the General Data Protection Regulation (GDPR), it is unclear how much weight the information will hold as the NTIA proceeds. Nevertheless, it does provide insight into how Europe is approaching data privacy issues.

Here are a few comments that we noted from the letter:

The EC reiterated the NTIA view that trust should be at the core of any privacy formulation. The EC said, “We strongly believe that, giving individuals more control over their own data will increase trust in the way businesses handle their data, with the result that individuals will be more willing to share their information and use services.”

The EC noted that the seven core data protection principles established in the NTIA proposal leave out other principles that are part of GDPR and have been codified in agreements between the two countries, such as the need for a legal basis, processing of data only for a specific purpose, limited data retention, the importance of accurate information, and specific protections for sensitive data.

The EC also highlighted that in their opinion, enforceable individual rights are a key component of a modern data protection regime. They indicated that data protection is a reflection of human dignity and an element of individuals’ autonomy, so obtaining redress should not be burdensome. These comments stand in contrast to the suggestions of businesses which have called for federal preemption of the California Consumer Privacy Act and have not provided an individual remedy for the aggrieved.

The EC also noted that the harmonization of the regulatory landscape through a set of overarching principles would be significant progress, but expressed concern that self-regulation or other soft-law would not be sufficient. The EC suggested the need for credible and sufficiently deterrent sanctions. The EU Data Protection Authorities are currently authorized to issue fines of up to 4% of global annual revenue for violations of GDPR.

More Blog Posts from Clarip:

Federal Goals and Suggested Outcomes for Privacy Regulation Identified in NTIA Public Comment Request
Congress Wants Input on White House Privacy Policy
Media Reports White House Considering Privacy Law Changes
NIST to Develop Voluntary Privacy Framework
Nearly 75% of US Households Had Significant Privacy Concerns in Nov. 2017

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