Policy Recommendation on Privacy and Personal Data Protection as Regards Re-Use of Public Sector Information (PSI)

Abstract

PSI Directive contains some references to the Data Protection Directive, confirming that fundamental rights of privacy and data protection should be respected in cases re-use of personal data would be allowed. However, these references are vague and not enough to avoid poor harmonization of the PSI Directive throughout Member States and inconsistent usage between public bodies. This document suggests that the review of PSI Directive should introduce more references to data protection obligations and rights. First, the European Commission should review it in the light of the EDPS’ Opinion of April 2012 and, secondly, the Article 29 Working Party is the right arena to discuss such questions, as it deals with ensuring uniform interpretation of the data protection issues between authorities of the different Member States.

This paper was drafted within the WG2 - Privacy of the European Thematic Network LAPSI (Legal Aspects of Public Sector Information website).

Keywords: PSI, Data Protection, Privacy, Re-use of personal data, Transparency, Reform of the Data Protection legal framework

JEL Classification: K00