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Accountability

Principle intended to ensure that controllers are more generally in control and in the position to ensure and demonstrate compliance with data protection principles in practice. Accountability requires that controllers put in place internal mechanisms and control systems that ensure compliance and provide evidence – such as audit reports – to demonstrate compliance to external stakeholders, including supervisory authorities.

ACTA

The Anti-Counterfeiting Trade Agreement (ACTA) is a proposed multilateral trade agreement for establishing international standards on intellectual-property-rights enforcement throughout the participating countries. Its proponents describe it as a response "to the increase in global trade of counterfeit goods and pirated copyright-protected works." The scope of ACTA is broad, including counterfeit goods, generic medicines, and "piracy over the Internet".

In February 2010, the EDPS issued an opinion on the negotiations aimed at adopting the new agreement in which he warned against its potential incompatibility with the EU data protection regime.

Adequacy decision 

An “adequacy decision” is a decision adopted by the European Commission on the basis of Article 25(6) of Directive 95/46/EC, which establishes that a third country ensures an adequate level of protection of personal data by reason of its domestic law or the international commitments it has entered into.

The effect of such a decision is that personal data can flow from the 27 EU Member States and the three European Economic Area member countries (Norway, Liechtenstein and Iceland) to that third country, without any further safeguards.

The Commission has so far issued seven adequacy decisions recognizing Switzerland, Canada, Argentina, Guernsey, Isle of Man, the US Department of Commerce's Safe Harbor Privacy Principles, and the transfer of Air Passenger Name Record (PNR) data to the United States' Bureau of Customs and Border Protection as providing adequate protection.

Adequacy decisions are adopted pursuant to the so-called "comitology procedure", which involves the following steps:

  • a proposal from the Commission;
  • an opinion of the Article 29 Working Party;
  • an opinion of the Article 31 Committee delivered by a qualified majority of Member States;
  • at any time, the European Parliament and the Council may request the Commission to maintain, amend or withdraw the adequacy decision on the grounds that its act exceeds the implementing powers provided for in the Directive; and
  • the adoption of the decision by the College of Commissioners.

► Commission Adequacy Decision

Article 29 Working Party 

The "Article 29 Working Party" is the short name of the Data Protection Working Party established by Article 29 of Directive 95/46/EC. It provides the European Commission with independent advice on data protection matters and helps in the development of harmonised policies for data protection in the EU Member States.

The Working Party is composed of:

  • representatives of the national supervisory authorities in the Member States;
  • a representative of the European Data Protection Supervisor (EDPS);
  • a representative of the European Commission (the latter also provides the secretariat for the Working Party).

More information on Article 29 Working Party

Article 31 Committee 

The Article 31 Committee was established by Article 31 of Directive 95/46/EC.

It is comprised of representatives of the Member States who cooperate in taking decisions whenever Member States' approval is required under the Directive. By way of example, the Committee cooperates in the procedure for the adoption of Adequacy decisions.

 

Automated individual decision 

An “automated individual decision” is a decision which significantly affects a person and which is based solely on automated processing of personal data in order to evaluate this person. Such an evaluation may relate to different personal aspects, such as performance at work, creditworthiness, reliability, conduct, etc.

Article 15 of Directive 95/46/EC and Article 19 of Regulation (EC) No 45/2001 lay down the right for individuals to object to decisions about them and solely based on automated means, unless certain conditions are fulfilled or appropriate safeguards are put in place.

  • 05 February 2016

    Opening address given by Giovanni Buttarelli, EDPS, at the Fifth Workshop on Data Protection in International Organisations

  • 03 February 2016

    On 2 and 3 February 2016, the Article 29 Working Party (WP29) met to discuss the consequences of the CJEU judgment in the Schrems case for international transfers. Read the statement on the introduction of a "EU-US Privacy Shield".

  • 02 February 2016

    On 5 February 2016, the EDPS and the International Committee of the Red Cross will host a workshop on data protection within international organisations, which will take place in Geneva. For more information see the EDPS Events page.

  • 28 January 2016

    EDPS starts work on a New Digital Ethics. Read the press release.

  • 28 January 2016

    The EDPS is celebrating 10 years of Data Protection Day! Watch our video, follow our events live and get involved in the debate on Twitter #DataProtectionDay. Information on all our events can be found on the EDPS Events page.

  • 05 February 2016

    Data Protection Within International Organisations, Geneva, Switzerland, Giovanni Buttarelli chairs the morning session and speaks at the workshop

  • 29 January 2016

    9th International CPDP Conference, Brussels, Belgium, concluding remarks by Giovanni Buttarelli

  • 28 January 2016

    9th International CPDP Conference, Brussels, Belgium, Giovanni Buttarelli moderates panel on Transatlantic Discussions: Developing a Sustainable 'Big Data' Ecosystem - Diverse Approaches to the ...

  • 28 January 2016

    9th International CPDP Conference, Brussels, Belgium, Giovanni Buttarelli chairs panel on Data, Dignity and Technology - Exploring Digital Ethics

  • 28 January 2016

    Smart Sharing, Data Protection Day conference for trainees at the EU institutions, Brussels, Belgium, Giovanni Buttarelli and Wojciech Wiewiórowski speak at the conference

  • 28 January 2016

    GDPR: A new chapter for EU data protection - how the new Regulation will empower you to take control of your personal information, Data Protection Day conference for EU officials, ...

  • 27 January 2016

    9th International CPDP Conference, Brussels, Belgium, Wojciech Wiewiórowski moderates panel on The Data Protection Reform: The Reform in Perspective

  • 08 December 2015
    The Industrial Internet Era, Brussels, Belgium, Wojciech Wiewiórowski takes part in panel Cybersecurity, Privacy and the Industrial IoT