European Parliament scrutinises proposal on free flow of data
This week the Policy Department of the European Parliament’s General Secretariat published a report with a series of recommendations on issues around data flows. The paper was written by Camford Associates and SCF Associates, and sought to inform MEPs as they scrutinise the legislative proposal on the free flow of non-personal data put forward by the Commission last month. It analyses a number of potential future scenarios, ranging from no further regulatory change, through to using existing legislative frameworks, creating new data rights and establishing a system of open data licensing.
The report noted that there were several shortcomings in the Commission’s legislative proposal, including problems with the definition of “open data” and the distinctions between personal and non-personal information. It suggested a list of other measures that the authors believe would work better to boost intra-EU data flows.
The continued transfer of data between the UK and EU, and with third countries where data agreements currently stem from the UK’s membership of the EU, is likely to be a contentious issue when the Brexit negotiations move on to issues around the future relationship. The UK set out an ambitious proposal for mutual recognition of data standards and an adequacy agreement in a position paper published during the summer, and has said that it will seek to retain regulatory convergence with the EU on data issues as much as possible. However, the Commission’s position paper took a tougher position, essentially demanding that the UK commit to maintaining EU standards in full – creating another potential cliff edge in the event of a ‘no deal’ scenario.
Poland cements position as enfant terrible of Europe (despite Brexit)
On Wednesday the Parliament adopted a resolution calling for Article 7 of the Treaty on European Union to be used against Poland, an action which, if taken, could potentially lead to Warsaw having its voting rights suspend in the European institutions.
The debate was the first part of a process evaluating whether the Polish Government’s changes to the constitutional court are in line with EU values on accountability and the rule of law. The governing Law and Justice (PiS) party, which retains significant public support, has come under criticism for measures seen as asserting greater state control over the media and courts, for its traditional stance on social issues, hostility to the EU’s refugee policy, and confrontational rhetoric. Polish Prime Minister Beata Szydlo described the debate and vote as “scandalous”. PiS MEP and European Conservatives and Reformists Co-Chair Ryszard Legutko colourfully described it as an “anti-Polish orgy.”
The resolution was approved by 438 votes to 152, with 71 abstentions. The Parliament’s Civil Liberties Committee will now prepare a proposal to request that Article 7 be activated due to a breach of EU values. However, the prospect of Poland being formally sanctioned is still far away. Hungary, whose ruling Fidesz party has faced similar criticisms to PiS – and against whom a similar resolution was adopted earlier this year – has already said it will veto any attempt to punish Poland.
MEPs kick up a stink over shower restrictions
Finally, POLITICO reported on a leaked email from the Quaestors – a group of MEPs who oversee the Parliament’s working conditions – informing their colleagues of a decision to turn off the warm water circuits in the office showers due to the risk of harmful bacteria from old and worn pipes.
UKIP MEP Nathan Gill was one of the first to lambast the decision as further evidence of EU incompetence. Sweaty MEPs may now need to follow the example of their colleagues from the French Green Party, who last month posted photographs of themselves showering while fully clothed to protest the lack of hygiene facilities at the Calais refugee camps.