Article 98 GDPR: Difference between revisions

From GDPRhub
(style consistency)
Line 194: Line 194:
== Commentary ==
== Commentary ==


Article 98 GDPR requires the Commission to favour a uniform and coherent approach to data protection within the European Union. Since data protection affects several different sectors with their own characteristics, the differing provisions regarding data protection should be checked “where appropriate” for coherence with the GDPR. This way, the GDPR can be seen as a benchmark for the protection of personal data in the future. In this regard, the GDPR refers to certain legal instruments that also have to be taken into consideration under Article 98 GDPR.  
Article 98 GDPR requires the Commission to favour a uniform and coherent approach to data protection within the European Union. Since data protection affects several different sectors, each of which have their own characteristics, differing provisions regarding data protection should be checked “''if appropriate''” for coherence with the GDPR. This way, the GDPR can be seen as a benchmark for the protection of personal data in the future. In this regard, the GDPR refers to certain legal instruments that also have to be taken into consideration under this provision.<ref>Some examples are: the ePrivacy Directive (Directive 2002/58/EG), which formulates more specific rules for the processing personal data occurring in the context of electronic communications, which supersede the GDPR(see Article 95 GDPR); the e-Commerce Directive (Directive 2000/31/EG), especially in the context of liability and responsibility of hosting, caching and content providers (see Article 2(4) GDPR); the Directive on the Re-use of Public Sector Information (Directive 2003/98/EC amended by Directive 2013/37/EU) regarding documents that are not or only partially accessible for reasons of data protection (see Recital 154 GDPR); the Regulation on Community Statistics on Public Health and Safety at Work (Regulation (EC) No 1338/2008), especially regarding its relevant definitions as well as the interpretation of “public health” for the GDPR (see Recital 54 sentence 3 GDPR); the Directive on Patients' Rights in Cross-Border Healthcare (Directive 2011/24/EU), regarding personal data processed within healthcare services and patients’ access rights to their files (see Recital 35 sentence 2 GDPR); the Regulation on Clinical Trials on Medicinal Products for Human Use (Regulation (EU) No 536/2014), which includes special provisions in cases of consent to participation in clinical trials (see Recital 161 GDPR); and lastly, the Regulation on European Statistics (Regulation (EC) No 223/2009), which provides special rules regarding confidential information which is, at the same time, personal data as well (see Recital 163 GDPR).</ref>
 
Examples are the ePrivacy Directive (Directive 2002/58/EG), that formulates priority of the more specific rules for the processing personal data occurring in the context of electronic communications (see Article 95 GDPR), the e-Commerce Directive (Directive 2000/31/EG), especially in the context of liability and responsibility of hosting, caching and content providers (see Article 2(4) GDPR), the Directive on the Re-use of Public Sector Information (Directive 2003/98/EC amended by Directive 2013/37/EU) regarding documents that are not or only partially accessible for reasons of data protection (see Recital 154 GDPR), the Regulation on Community Statistics on Public Health and Safety at Work (Regulation (EC) No 1338/2008, especially regarding its relevant definitions and the interpretation of “public health” for the GDPR (see Recital 54 sentence 3 GDPR), the Directive on Patients' Rights in Cross-Border Healthcare (Directive 2011/24/EU), regarding personal data processed within healthcare services and patients’ access rights to their files (see Recital 35 sentence 2 GDPR), the Regulation on Clinical Trials on Medicinal Products for Human Use (Regulation (EU) No 536/2014), that provides for special provisions in cases of consent to participation in clinical trials (see Recital 161 GDPR), and the Regulation on European Statistics (Regulation (EC) No 223/2009), with special rules on confidential information that is at the same time personal data (see Recital 163 GDPR).


== Decisions ==
== Decisions ==

Revision as of 12:52, 29 April 2022

Article 98 - Review of other Union legal acts on data protection
Gdpricon.png
Chapter 10: Delegated and implementing acts

Legal Text


Article 98 - Review of other Union legal acts on data protection

The Commission shall, if appropriate, submit legislative proposals with a view to amending other Union legal acts on the protection of personal data, in order to ensure uniform and consistent protection of natural persons with regard to processing. This shall in particular concern the rules relating to the protection of natural persons with regard to processing by Union institutions, bodies, offices and agencies and on the free movement of such data.

Relevant Recitals

Recital 173: Relationship to Directive 2002/58/EC
This Regulation should apply to all matters concerning the protection of fundamental rights and freedoms vis-à-vis the processing of personal data which are not subject to specific obligations with the same objective set out in Directive 2002/58/EC of the European Parliament and of the Council, including the obligations on the controller and the rights of natural persons. In order to clarify the relationship between this Regulation and Directive 2002/58/EC, that Directive should be amended accordingly. Once this Regulation is adopted, Directive 2002/58/EC should be reviewed in particular in order to ensure consistency with this Regulation.

Commentary

Article 98 GDPR requires the Commission to favour a uniform and coherent approach to data protection within the European Union. Since data protection affects several different sectors, each of which have their own characteristics, differing provisions regarding data protection should be checked “if appropriate” for coherence with the GDPR. This way, the GDPR can be seen as a benchmark for the protection of personal data in the future. In this regard, the GDPR refers to certain legal instruments that also have to be taken into consideration under this provision.[1]

Decisions

→ You can find all related decisions in Category:Article 98 GDPR

References

  1. Some examples are: the ePrivacy Directive (Directive 2002/58/EG), which formulates more specific rules for the processing personal data occurring in the context of electronic communications, which supersede the GDPR(see Article 95 GDPR); the e-Commerce Directive (Directive 2000/31/EG), especially in the context of liability and responsibility of hosting, caching and content providers (see Article 2(4) GDPR); the Directive on the Re-use of Public Sector Information (Directive 2003/98/EC amended by Directive 2013/37/EU) regarding documents that are not or only partially accessible for reasons of data protection (see Recital 154 GDPR); the Regulation on Community Statistics on Public Health and Safety at Work (Regulation (EC) No 1338/2008), especially regarding its relevant definitions as well as the interpretation of “public health” for the GDPR (see Recital 54 sentence 3 GDPR); the Directive on Patients' Rights in Cross-Border Healthcare (Directive 2011/24/EU), regarding personal data processed within healthcare services and patients’ access rights to their files (see Recital 35 sentence 2 GDPR); the Regulation on Clinical Trials on Medicinal Products for Human Use (Regulation (EU) No 536/2014), which includes special provisions in cases of consent to participation in clinical trials (see Recital 161 GDPR); and lastly, the Regulation on European Statistics (Regulation (EC) No 223/2009), which provides special rules regarding confidential information which is, at the same time, personal data as well (see Recital 163 GDPR).