As of 1st July 2019, Romania has handed over the presidency of the EU Council to Finland. The Finnish presidency did not take long to issue a new draft of the ePrivacy regulation, focusing mainly on Article 6 of the regulation with the aim is to simplify this complex provision.

Article 6 is newly divided in 4 separate articles:

Article 6 deals with processing of all electronic communications data, laying down the general requirements on lawful processing of communications data. The overall qualifier for any type of processing is newly embodied in Article 6 (2) and requires that the processing of communcations data is carried out “for the duration necessary for a specific purpose” and only “if the purpose cannot be fulfilled by processing of information made anonymous.”

Article 6a deals with processing of electronic communications content, Article 6b deals with processing of electronic communications metadata and Article 6c covers further processing of electronic communications metadata.

Commentators have expressed concerns about a lack of protections for the confidentiality of communications under the Article 6.

New draft of the ePrivacy regulation will be discussed in the meeting of WP TELE (Working Party on Telecommunications and Information Society) on 9th September 2019 and will focus primarily on Articles 5, 6 and 7 and the respective amendments.


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