The official launch of the EDPB public consultation on ePrivacy tracking rules

It’s out – new EDPB consultation on guidelines re Art 5(3) ePrivacy Directive.

Key section, will post additional thoughts later:

“Article 5(3) ePD applies if:

a. CRITERION A: the operations carried out relate to �information�. It should be noted that the term used is not �personal data�, but �information�.

b. CRITERION B: the operations carried out involve a �terminal equipment� of a subscriber or user.

c. CRITERION C: the operations carried out are made in the context of the �provision of publicly available electronic communications services in public communications networks�.

d. CRITERION D: the operations carried out indeed constitute a �gaining of access� or �storage�. Those two notions can be studied independently, as reminded in WP29 Opinion 9/2014: �Use of the words �stored or accessed� indicates that the storage and access do not need to occur within the same communication and do not need to be performed by the same party.

Included in their view: IP addresses, pixels, etc – extremely broad, very significant consequences for the way the Internet works.

data protection

Link to the document: https://lnkd.in/eiN3uRH3