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The European Data Protection Supervisor’s (EDPS) opinion on the Commission’s Communication on Radio Frequency Identification (RFID) in Europe, places particular emphasis on the need to ensure privacy safeguards and data protection measures in the context of the growing use of RFID technology.
Peter Hustinx, who holds the position of EDPS, has expressed support for the Commission’s Communication, published in March 2007, which addressed the main issues arising from the deployment of RFID technology, while taking account of privacy and data protection considerations. On the whole, the EDPS agrees with the Commission’s approach of leaving room, in the first place at least, for self-regulatory instruments. He, however, stresses that additional legislative measures may be necessary to regulate the privacy and data protection aspects of RFID.
Hustinx noted that: "RFID systems could play a key role in the development of the European information society but the wide acceptance of RFID technologies should be facilitated by the benefits of consistent data protection safeguards. Self-regulation alone may not be enough to meet the challenge. Legal instruments may therefore be required to guarantee that the technical solutions to minimise the risks for data protection and privacy are in place."
More specifically, the EDPS has called on the Commission to consider the following recommendations:
* The provision of clear guidance, in close co-operation with relevant stakeholders, on how to apply the current legal framework to the RFID environment;
* The adoption of EU legislation regulating the main issues of RFID-usage in case the effective implementation of the existing legal framework fails;
* Such measures should notably lay down the ‘opt-in’ principle at the point of sale as a precise and undeniable legal obligation;
* The identification of "best available techniques" which will play a decisive role in the early adoption of the privacy-by-design principle.
Further information:
* Rapid Press release
* EDPS website
* EDPS opinion
* European Commission’s Communication on RFID
* ePractice news article ‘Commission launches smart radio tag (RFID) strategy for Europe’
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