The European Commission plans to create a framework within which
it will be easier for governments and transport operators to set up
EU-wide tracking and monitoring systems for transport.
European Data Protection Supervisor Peter Hustinx, who is
responsible for regulating EU bodies' privacy practices, said that
he had concerns about the proposals.
Though the systems are aimed at making transport more
environmentally friendly and less time consuming, Hustinx said that
they could be used to monitor individuals' movements across the
continent.
"The deployment of ITS will support the development of
applications for 'tracking and tracing' of goods and will allow for
the deployment of location-based commercial and public services,"
said a formal opinion produced by Hustinx. "The use of location
technologies is particularly intrusive from a privacy viewpoint as
it allows for the tracking of drivers and for the collection of a
wide variety of data relating to their driving habits."
"The processing of location data is a particularly sensitive
matter involving the key issue of the freedom to move anonymously,
and which requires the implementation of specific safeguards in
order to prevent surveillance of individuals and misuse of the
data," his opinion said.
The Commission has proposed a 'deployment plan' for intelligent
transport systems (ITS) which aims to standardise data processing
throughout Europe so that ITS can work across borders.
Hustinx, though, said that the plans do not take great enough
account of individuals' need for privacy.
"The proposed legal framework is too broad and general to
adequately address the privacy and data protection concerns raised
by ITS deployment in the Member States," said the opinion. "It is
not clear when the performance of ITS services will lead to the
collection and processing of personal data, what are the specific
purposes for which a data processing occurs, nor what is the legal
basis that justifies such processing."
"Furthermore, the use of location technologies for ITS
deployment raises the risk of developing services that are
intrusive from a privacy viewpoint if they entail the collection
and exchange of personal data," it said.
Hustinx's opinion also pointed out that the plans are not clear
enough to create a consistent level of data protection across the
EU in the transport systems.
"There is a risk that the lack of clarity of the proposed legal
framework will create diversity in the implementation of ITS in
Europe which will lead to different levels of data protection in
Europe. The EDPS emphasizes the need for further harmonisation on
these issues at EU level to clarify outstanding issues," it
said.
"It is particularly crucial to identify who the data controllers
will be in respect of the data processing performed, as they will
bear the responsibility to ensure that privacy and data protection
considerations are implemented at all levels of the chain of
processing," said the opinion.
The Commission said that ITS would join up information from the
road, water and air transport networks and that this would reduce
congestion and the damaging effects transport has on the
environment.
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