WEBVTT - EU Data Protection Chief Talks Tech Regulation

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<v Speaker 1>The European Union's Data Protection Rules, known by the acronym GDPR,

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<v Speaker 1>are one of the most significant and far reaching of

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<v Speaker 1>Europe's technology regulations in for since twenty eighteen. It's been

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<v Speaker 1>described as a gold standard for data protection, but has

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<v Speaker 1>come in for criticism from the Trump administration for unfairly

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<v Speaker 1>targeting American tech companies. The pressure from the US comes

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<v Speaker 1>amid a drive in Brussels to reduce regulatory burden for companies,

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<v Speaker 1>which includes changes to the GDPR. The European Data Protection

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<v Speaker 1>Board ensures consistent enforcement of these data rules across the

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<v Speaker 1>twenty seven EU members, and its chair an It Talus,

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<v Speaker 1>joins us from Brussels this morning for more and a

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<v Speaker 1>good morning. Welcome to Bloomberg Radio. Now, this review process

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<v Speaker 1>is underway for the GDPR, but you've argued against some

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<v Speaker 1>of the changes to the digital rule book.

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<v Speaker 2>Why well, to start with, we also did see some

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<v Speaker 2>of these such distance as a positive positive elements. The

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<v Speaker 2>digital environment is getting increasingly complex and multi layered, so

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<v Speaker 2>there are also increasing number of laws which regulate the

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<v Speaker 2>digital environment. And it's not only about a question of

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<v Speaker 2>the GDPR. It is also a question about the interplay

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<v Speaker 2>with the GDPR and this other legislation, and there has

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<v Speaker 2>been a call for simplification, and this is actually something

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<v Speaker 2>we quite well understand. And when it comes to making

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<v Speaker 2>the legislative framework more simple, cutting the red tape, without

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<v Speaker 2>touching the core of the GDPR, without touching the core

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<v Speaker 2>of the values tried to protect with the GDPR, we

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<v Speaker 2>have actually been quite open for the sugestence. But when

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<v Speaker 2>it comes gets closer to the core of the GDPR,

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<v Speaker 2>and this is what we think, when it touches upon

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<v Speaker 2>the definition of personal data, then this is where we

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<v Speaker 2>see that it would, for example, create legal uncertainty. The

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<v Speaker 2>suggest to amend the definition of personal data would go

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<v Speaker 2>beyond the court's case law, and it would create a

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<v Speaker 2>legal uncertainty. And I actually don't think that this would

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<v Speaker 2>be beneficial for anyone. No one wants legal uncertainty.

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<v Speaker 1>So what's the risk then if these rules that that

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<v Speaker 1>definition were to change, will people's personal data be at risk?

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<v Speaker 2>Well, it would most certainly create.

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<v Speaker 1>Well more.

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<v Speaker 2>Well, it would most certainly create legal uncertainty, So you

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<v Speaker 2>would you would still need to find the stabilized interpretation

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<v Speaker 2>for the new new definition. So I would say that

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<v Speaker 2>that's the legal uncertainty is one of the core risks.

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<v Speaker 2>At the same time, some of the data which is

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<v Speaker 2>covered by the by the regulation for the time being

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<v Speaker 2>would not necessarily be covered then in the future. But

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<v Speaker 2>now we also need to recognize that there is already

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<v Speaker 2>a core ruling in place which has changed the current interpretation,

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<v Speaker 2>and this is something we are implementing at the moment.

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<v Speaker 1>Do you feel that the Commission, with this proposal is

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<v Speaker 1>bending to pressure from the United States to try and

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<v Speaker 1>ease some of the regulatory burden that they've complained so

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<v Speaker 1>much about.

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<v Speaker 2>Well, I think that it's important to note that there

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<v Speaker 2>was the Drugging Report which also referred to the complexity

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<v Speaker 2>in the digital legal framework. And like I said, the

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<v Speaker 2>digital environment itself is getting more complex, and there is

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<v Speaker 2>increasing number of different claws regulating this digital environment and

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<v Speaker 2>different phenomen in the digital environment. So the interplay between

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<v Speaker 2>these different legislations is getting increasing increasingly complex as well.

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<v Speaker 2>So there has been a call for the simplicity, for

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<v Speaker 2>the simplification, and actually we the regulators, we have also

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<v Speaker 2>taken some measures to answer these concerns.

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<v Speaker 1>Part of the conversation that's had around this is whether

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<v Speaker 1>regulation can keep up with technology, or whether actually we're

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<v Speaker 1>starting innovation by regulating too much. Is this an example

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<v Speaker 1>that you see of that happening, where as you say,

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<v Speaker 1>the environment's changing, but the rules seem perhaps out of.

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<v Speaker 2>Data when the environment is changing. I think it's important

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<v Speaker 2>to recognize that, for example, GDPR, it is technology in nutural,

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<v Speaker 2>so many of its provisions do actually fits are applicable

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<v Speaker 2>also in new emerging technologies. But of course it takes

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<v Speaker 2>some time to see how the rules are applied in

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<v Speaker 2>the new technology. So there is constantly new new scene,

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<v Speaker 2>new technology. I think that this is very very characteristics

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<v Speaker 2>for the implementation of the Data Protection Loan. You're always

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<v Speaker 2>facing with new situations with the new technology. It's not

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<v Speaker 2>only the new legislation, it is the new technology as well.

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<v Speaker 1>But of course another new element to this is the

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<v Speaker 1>continued pressure from the Trump administration. If complained publicly and

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<v Speaker 1>repeatedly about European technology regulation, Are the regulators that you

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<v Speaker 1>work with across Europe feeling extra pressure from the United States?

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<v Speaker 2>Well, we the regulators. Well, I think that you also

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<v Speaker 2>properly know that's the level of independence of the regulators.

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<v Speaker 2>It's actually quite high. It's enshrined in the Charter of

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<v Speaker 2>Fundamental Rights, and the regulators are really making the decisions

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<v Speaker 2>outside of any political pressure. And we are also we

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<v Speaker 2>are also investing gating European companies. It is not only

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<v Speaker 2>to US companies the regulators are investigating and focusing on

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<v Speaker 2>the data protects and authoritis are are equally equally equally

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<v Speaker 2>investigating European companies.

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<v Speaker 1>So is the criticism that unfair that the US companies

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<v Speaker 1>are being unfairly targeted?

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<v Speaker 2>I do think that that's inaccurate. Yes, I definitely think so.

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<v Speaker 1>I mean, MEPs have raised also concerns about the data

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<v Speaker 1>sharing agreements between the US and the EU. I wonder

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<v Speaker 1>do you share any of their concerns about the change

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<v Speaker 1>rules that we've seen in the US and how that

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<v Speaker 1>will affect European consumers data well.

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<v Speaker 2>When the current data privacy framework was put in place

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<v Speaker 2>with the European Data Protects on board and European Data

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<v Speaker 2>Products Products and Supervisor, we did give our opinion in

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<v Speaker 2>the in the context of the of the procedure or

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<v Speaker 2>putting putting it in place, and in our opinion we

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<v Speaker 2>set a lot of emphasis on the judicel remedies and

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<v Speaker 2>the red dress mechanism and these are, of course something

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<v Speaker 2>what we will be also focusing on when there will

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<v Speaker 2>be the bi annual review, time for the bi annual

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<v Speaker 2>review and then other than that, it is the European

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<v Speaker 2>Commission who monitors the Data Privacy Framework