Clearly the EDPB considers its “Consent or Pay” Opinion to cover “targeted questions requiring a swift answer”, as its minutes from the June plenary reveal that the EDPB members agreed that “Article 64(2) opinions are better suited for targeted questions requiring a swift answer, while guidelines are better suited for matters with a larger scope”.
Honestly, I would argue that the Consent or Pay Opinion (08/2024) is pretty large in scope – same with the “biometrics in airports” one (11/2024). They each have a very significant practical impact on many businesses – is that “targeted” enough to justify an Opinion rather than Guidelines?
Here is the full excerpt:
“The EDPB members exchanged views on the topic. Most EDPB members who took the floor highlighted the usefulness of the Article 64(2) opinions and the importance of having the possibility to request them.
“The fact that when an SA does not follow an opinion of the EDPB under Article 64, any SA concerned or the EU COM may communicate the matter to the EDPB, which shall adopt a binding decision in line with Article 65(1)(c) GDPR, was also recalled.
“At the same time, the members also agreed that a more frequent use of this tool leads to increased workload for the SAs and the EDPB Secretariat, which is particularly challenging for smaller SAs.
“The EDPB members agreed that Article 64(2) opinions are better suited for targeted questions requiring a swift answer, while guidelines are better suited for matters with a larger scope.
“Different possibilities for the way forward were identified: to update the existing Internal EDPB Document 3/2019 on Article 64(2) in light of recent practical experience, to prepare a separate document outlining best practices for the use of Article 64(2) or to entrust an ESG to further discuss the topic, possibly within the framework of the draft Best Practices for ESGs document.
“In addition, some members stressed the need to discuss the subject matter of potential Article 64(2) requests, where possible in light of the circumstances giving rise to an opinion request, before formally submitting the requests.
See below for my thoughts on the use of Art. 64(2) GDPR.
Minutes of EDPB plenary meeting of 18-19 June: https://lnkd.in/dUPqYhJ9
data protection gdpr privacy
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