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EU data protection rules empower citizens and are fit for the digital age

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Today, just over two years after its entry into application, the European Commission published an evaluation report on the General Data Protection Regulation (GDPR). The report shows the GDPR has met most of its objectives, in particular by offering citizens a strong set of enforceable rights and by creating a new European system of governance and enforcement. The GDPR proved to be flexible to support digital solutions in unforeseen circumstances such as the Covid-19 crisis. The report also concludes that harmonisation across the Member States is increasing, although there is a certain level of fragmentation that must be continually monitored. It also finds that businesses are developing a compliance culture and increasingly use strong data protection as a competitive advantage. The report contains a list of actions to facilitate further the application of the GDPR for all stakeholders, especially for Small and Medium Sized companies, to promote and further develop a truly European data protection culture and vigorous enforcement.

Věra Jourová, Vice-President for Values and Transparency, said: “Europe’s data protection regime has become a compass to guide us through the human-centric digital transition and is an important pillar on which we are building other polices, such as data strategy or our approach to AI.The GDPR is the perfect example of how the European Union, based on a fundamental rights’ approach, empowers its citizens and gives businesses opportunities to make the most of the digital revolution. But we all must continue the work to make GDPR live up to its full potential.”

Didier Reynders, Commissioner for Justice, said: “The GDPR has successfully met its objectives and has become a reference point across the world for countries that want to grant to their citizens a high level of protection. We can do better though, as today’s report shows. For example, we need more uniformity in the application of the rules across the Union: this is important for citizens and for businesses, especially SMEs. We need also to ensure that citizens can make full use of their rights. The Commission will monitor progress, in close cooperation with the European Data Protection Board and in its regular exchanges with Member States, so that the GDPR can deliver its full potential.”

Key findings of the GDPR review

Citizens are more empowered and aware of their rights: The GDPR enhances transparency and givesindividuals enforceable rights, such as the right of access, rectification, erasure, the right to object and the right to data portability. Today, 69% of the population above the age of 16 in the EU have heard about the GDPR and 71% of people heard about their national data protection authority, according to results published last week in a survey from the EU Fundamental Rights Agency. However, more can be done to help citizens exercise their rights, notably the right to data portability.

Data protection rules are fit for the digital age: The GDPR has empowered individuals to play a more active role in relation to what is happening with their data in the digital transition. It is also contributing to fostering trustworthy innovation, notably through a risk-based approach and principles such as data protection by design and by default.

Data protection authorities are making use of their stronger corrective powers: From warnings and reprimands to administrative fines, the GDPR provides national data protection authorities with the right tools to enforce the rules. However, they need to be adequately supported with the necessary human, technical and financial resources. Many Member States are doing this, with notable increases in budgetary and staff allocations. Overall, there has been a 42% increase in staff and 49% in budget for all national data protection authorities taken together in the EU between 2016 and 2019. However, there are still stark differences between Member States.

Data protection authorities are working together in the context of the European Data Protection Board (EDPB), but there is room for improvement: The GDPR established an innovative governance system which is designed to ensure a consistent and effective application of the GDPR through the so called ‘one stop shop’, which provides that a company processing data cross-border has only one data protection authority as interlocutor, namely the authority of the Member State where its main establishment is located. Between 25 May 2018 and 31 December 2019, 141 draft decisions were submitted through the ‘one-stop-shop’, 79 of which resulted in final decisions. However, more can be done to develop a truly common data protection culture. In particular, the handling of cross-border cases calls for a more efficient and harmonised approach and an effective use of all tools provided in the GDPR for the data protection authorities to cooperate.

Advice and guidelines by data protection authorities: The EDPB is issuing guidelines covering key aspects of the Regulation and emerging topics. Several data protection authorities have created new tools, including helplines for individuals and businesses, and toolkits for small and micro-enterprises. It is essential to ensure that guidance provided at national level is fully consistent with guidelines adopted by the EDPB.

Harnessing the full potential of international data transfers: Over the past two years, the Commission’s international engagement on free and safe data transfers has yielded important results. This includes Japan, with which the EU now shares the world’s largest area of free and safe data flows. The Commission will continue its work on adequacy, with its partners around the world. In addition and in cooperation with the EDPB, the Commission is looking at modernising other mechanisms for data transfers, including Standard Contractual Clauses, the most widely used data transfer tool. The EDPB is working on specific guidance on the use of certification and codes of conduct for transferring data outside of the EU, which need to be finalised as soon as possible. Given the European Court of Justice may provide clarifications in a judgment to be delivered on 16 July that could be relevant for certain elements of the adequacy standard, the Commission will report separately on the existing adequacy decisions after the Court of Justice has handed down its judgment.

Promoting international cooperation: Over the last two years, the Commission has stepped up bilateral, regional and multilateral dialogue, fostering a global culture of respect for privacy and convergence between different privacy systems to the benefit of citizens and businesses alike. The Commission is committed to continuing this work as part of its broader external action, for example, in the context of the Africa-EU Partnership and in its support for international initiatives, such as ‘Data Free Flow with Trust’. At a time when violations of privacy rules may affect large numbers of individuals simultaneously in several parts of the world, it is time to step up international cooperation between data protection enforcers. This is why the Commission will seek authorisation from the Council to open negotiations for the conclusion of mutual assistance and enforcement cooperation agreements with relevant third countries.

Aligning EU law with the Law Enforcement Directive

In addition, the Commission has today also published a Communication that identifies ten legal acts regulating processing of personal data by competent authorities for the prevention, investigation, detection or prosecution of criminal offences which should be aligned with the Data Protection Law Enforcement Directive. The alignment will bring legal certainty and will clarify issues such as the purposes of the personal data processing by the competent authorities and what types of data may be subject to such processing.

Background

The GDPR foresees that the Commission reports on the evaluation and review of that Regulation, starting with a first report after two years of application and every four years thereafter.

The General Data Protection Regulation is a single set of rules of EU law on the protection of individuals with regard to the processing of personal data and on the free movement of such data. It strengthens data protection safeguards, provides additional and stronger rights to individuals, increases transparency, and makes all those that handle personal data more accountable and responsible. It has equipped national data protection authorities with stronger and harmonised enforcement powers, and has established a new governance system among the data protection authorities. It also creates a level playing field for all companies operating in the EU market, regardless of where they are establish, ensures the free flow of data within the EU, facilitates safe international data transfers and has become a reference point at global level

As stipulated in Article 97(2) of the GDPR, the report published today covers in particular international transfers and ‘cooperation and consistency mechanism’, although the Commission has taken a broader approach in its review, in order to address issues raised by various actors during the last two years. These include contributions from the Council, the European Parliament, the EDPB, national data protection authorities and stakeholders.

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Moscow electronic school — the future of education

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The Moscow Electronic School (“MES”) project is a cloud-based Internet platform launched in 2016 that unites all educational institutions in Moscow into a single high-tech environment. After successful testing, since September 1, 2017, the MES has been implemented in all educational organizations (schools, kindergartens, colleges) in Moscow and is available online for any user from anywhere in the world, from any device 24/7/365. Today MES unites about 3 million participants in the educational process of the capital, including teachers, students and their parents.

The Moscow Electronic School project is aimed at the most effective use of the school’s IT capabilities to improve the quality of student education by forming a connection between the organizational and content aspects of the educational process (interactive equipment, as well as personal devices of users connected to the Internet, are linked with the educational materials of the platform).

The “MES” platform provides automation of most of the organizational, methodological and pedagogical tasks solved in a modern large educational organization, makes the content of education more accessible, allows in practice to implement modern pedagogical technologies and approaches, for example, blended learning, distance and electronic education.

Today “MES” has become a real digital assistant for the modern teacher. Thanks to special digital constructors, Moscow teachers in the “MES” Library create lesson scripts, “folk” textbooks, self-study guides, tests that students use in class, when preparing design work at school, in the course of independent work. Thus, the service allows not only to use the posted educational materials, but also to supplement the cloud educational platform with its developments and content, as well as to share them with colleagues. Electronic versions of textbooks, teaching aids, interactive applications and other modern digital content allow the teacher to diversify the content of the assignments and make the learning process fun for children and more effective.

“MES” services

The key elements of the digital educational platform are an electronic journal, an electronic diary, a library of electronic materials, the “Moskvenok” service (Pass and Power system), as well as infrastructure solutions: Wi-Fi access points with high-speed Internet, school servers, touch-controlled interactive panels with a built-in computer, teachers’ tablets and laptops, a video surveillance system and turnstiles at the entrance.

“MES Library” is a unique repository of educational electronic materials and tools. The service is implemented in the web version and as a mobile application “MES Library”. Library materials are available online at no cost to any user from anywhere in the world.

The “Moskvenok” service helps parents place an order for their child’s hot meals (if the school is connected to the hot meal ordering service from the menu), check his arrival or departure from school, college or kindergarten, control his meals in the school cafeteria and the costs of the cafeteria. Children can use the “Moskvenok” carrier (bracelet, keychain or card) as a pass to an educational organization and museums in Moscow, as well as for non-cash payments for purchases at school.

The electronic diary contains complete information on training: curriculum for the year ahead, schedule and attendance of classes, progress, analytics. The service makes it possible to find out about current events and activities. It is available both in the web version and in the form of the “MES Diary” mobile application.

In the new academic year, “MES” will be replenished with a wide range of diverse partner educational content, which has already proven itself well among teachers and schoolchildren. Thanks to this, an additional 45 thousand units of new tools and materials will appear in the library: interactive presentations for lessons, design and research tasks, virtual laboratories and tests. Most of the tasks will be self-checking, that is, after completing the work, the teacher, student and parent can immediately familiarize themselves with the results.

Virtual laboratories

Another important area in the Moscow Electronic School is virtual laboratories – interactive online simulators of experiences and experiments for children and adults, which allow improving knowledge and skills in the subjects of the school curriculum. At the beginning of the academic year, new virtual laboratories for drawing, inorganic chemistry, computer science, mathematics, biology and physics will appear at the “MES”.

This year, in the library of the Moscow Electronic School, the collection of virtual laboratories has been replenished with 10 new laboratories in the section of biology “Cytology” for schoolchildren in grades 5-11. It has an interactive virtual microscope that allows you to view individual cells. And the children can consolidate the knowledge gained by “collecting” cells in a game format, solving an interactive problem or passing a thematic quiz.

It is now possible to design and conduct experiments on electrostatics, magnetostatics and electromagnetism in the virtual laboratory “Electromagnetic field. Faraday”, which became the fifth in the line of physics laboratories. The new laboratory will help schoolchildren to master the main sections of electrodynamics: electrostatics, magnetic field and electromagnetic phenomena.

Another novelty is the virtual laboratory “MES Informatics” for students in grades 7-11. Children will be able to test their knowledge using 290 ready-made tests, practice using more than 9 thousand tasks, and also take 254 programming courses.

Student’s portfolio

An important innovation of the “MES” is the new “Student portfolio” service. It will accumulate the results and achievements of schoolchildren not only in the educational part, but also in olympiads, competitions, sports competitions. Also, students and their parents will be able to independently enter information into the new service, edit data and share their portfolio with friends, teachers, organizations.

Thematic materials about Russian writers

At the end of July, the project “Moscow Electronic School” made available thematic materials about the life and work of one of the greatest poets of the golden age of Russian literature – Mikhail Lermontov.

Also, the project “Moscow Electronic School” presented a thematic selection of materials about the life and work of Fyodor Dostoevsky in the year of the 200th anniversary of the birth of the writer. Schoolchildren are offered to go on a virtual trip to St. Petersburg of the XIX century and get acquainted with the peculiarities of the worldview of the classic.

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First-of-Its-Kind Blueprint for Data Policy Adopted by City of Helsinki

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The World Economic Forum today released Empowered Data Societies: A Human-centric Approach to Data Relationships. The framework put forth in the white paper ensures that data is used in responsible and innovative ways to create progress while respecting, valuing and empowering people and communities.

As part of a year-long partnership with the City of Helsinki, the World Economic Forum convened a global community of technologists, anthropologists and policy and data experts to develop a new way to create data policy oriented around the values, needs and expectations of people.

By leading with the interests of those generating data or most impacted by resulting insights, this approach mitigates the trade-offs between innovation and privacy.

The Forum worked with a dedicated team of data practitioners and policy-makers with the City of Helsinki to apply this new methodology to develop a dedicated anonymization pipeline for complex personal data that will allow for maximal data utilisation anchored in respect for individuals and their privacy. New pathways, processes and tools were also created to document a best practice blueprint for human-centric proactive services, which Helsinki will open-source for future expanded use and improvement.

“Throughout this year-long partnership we were motivated by the principle that human-centricity is neither a ‘nice to have’ nor a ‘deluxe’ approach to data. Human-centricity can and should be the foundation upon which to build empowered data societies. With the release of this paper, we aim to share frameworks, insights and best practices so policy-makers around the world can adopt and build systems that use data in responsible and innovative ways to create progress that legitimately serves people and communities,” said Sheila Warren, Deputy Head of the Centre for the Fourth Industrial Revolution Network, World Economic Forum.

The City of Helsinki created several tools to enable efficient utilization of extremely sensitive data. The main principle behind the blueprint is that the storage, anonymization and processing of data are separated and that different individuals perform each task.

Forging a way to create entirely new data analytics capabilities for Helsinki has resulted in a new technical environment for treating sensitive personal data with the highest ethical, data protection and cybersecurity standards. This environment will be used as the city continues accelerating its use of data to provide more personalized and timely services for its residents and visitors.

“Helsinki’s commitment to serving its citizens requires going beyond traditional service provision and tapping into the full potential of data to deliver the best quality services in the most efficient way possible. Using data responsibly requires the development and implementation of new practices that are human-centric – those that assure citizens’ interests are respected and prioritized at all times, empower citizens to improve their own lives through data, and increase participation in the overall ecosystem by building trustworthy data relationships,” said Jan Vapaavuori, Urban Activist and Mayor of Helsinki (2017-2021).

Much of the data needed to tackle the world’s most pressing challenges is siloed in public and private sources. Even for social good, the various regulatory, commercial and social risks prevent data sharing. The Shaping the Future of Technology Governance: Data Policy Platform works with partners from all sectors, regions and industries to develop agile and innovative approaches to accelerate the responsible use of data and empower stakeholders across the entire data ecosystem.

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Digital billboards bring real-time air pollution data to Nairobi

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Image source: UN Environment

Digital billboards around the Kenyan capital today started to live stream Nairobi’s real-time air pollution in an effort to increase air quality awareness among the city’s 4.7 million inhabitants.

The initiative – by the UN Environment Programme (UNEP), in collaboration with IQAir, a Swiss air quality technology company, Safaricom, a telecommunications provider in Kenya, Alpha and Jam Ltd and Metropolitan Star Lite Ltd,  Out Of Home (OOH) media – provides real-time air quality information for some of the most harmful type of air pollution, fine airborne particles, known as PM2.5. The pilot aims to engage the public by streaming real-time air pollution information to digital billboards at 4 critical locations in the city: Moi Avenue, University Way, Mbagathi Way and Jomo Kenyatta International Airport.

PM2.5causes serious health issues, including asthma, lung cancer, and heart disease. Exposure to PM2.5has also been associated with low birth weight, increased acute respiratory infections, and stroke.

“Real time air quality monitoring will help us with the issuance of health advisories as well as for formulation of smart traffic controls that minimize congestion,” said Lawrence Mwangi, Assistant Director of Environment in charge of pollution control at the Nairobi County Government. “Dynamic advisories demonstrated through this collaboration will help people limit their exposure to harmful pollutants.”

Around 3 billion people cook and heat their homes using open fires and simple stoves burning biomass (wood, animal dung and crop waste) and coal. More than 50% of premature deaths due to pneumonia among children under 5 are caused by the particulate matter (soot) inhaled from household air pollution.  Outdoor air pollution in both cities and rural areas was estimated to cause 3 million premature deaths worldwide in 2012 with 88% of those premature deaths occurring in low- and middle-income countries.

Policies and investments supporting cleaner transport, energy-efficient housing, power generation, industry and better municipal waste management would reduce key sources of urban outdoor air pollution.  Most residents of the city do not have access to real-time air quality data and consequently, are often unaware of the harmful levels of air they breathe.

“Action on air pollution, which is responsible for millions of premature deaths a year, is critical – efforts should focus on high-risk communities, such as people living in informal urban settlements,” said Inger Andersen, Executive Director of UNEP. “Innovations to reach and engage the local community and decision-makers alike, can only elevate the understanding of the impacts of air quality and help create an enabling environment improve human and ecosystem health.”

“We recognize that some of the world’s most vulnerable communities are disproportionately affected by poor air quality,” said IQAir CEO Frank Hammes.  “Through our partnership with UNEP, we are able to leverage real-time air quality monitoring data, machine learning and data visualization to help identify those that are most affected by global air pollution. The real-time visibility of the impact of air pollution on mankind, combined with the outreach and support that the UNEP offers, can help governments and communities around the world take actions that lead to cleaner, healthier air.”

The Nairobi air quality awareness demonstration project is the result of a unique collaboration between the UN, the private sector, academia, non-governmental and local governmental organizations and is expected to accelerate efforts to change how transport, waste management and other services are managed in cities so that air pollution from these activities is significantly reduced, if not eliminated.

“This partnership lies very much at the heart of our sustainability agenda that seeks to address environmental issues such as air pollution which remains a major challenge especially in urban centres. We intend to use our digital platforms and expansive network infrastructure to support the air quality monitoring project to expand across more urban areas in Kenya. We will also foster partnerships with other stakeholders including regulators, relevant ministries and private organizations to help build a compressive and sustainable air quality monitoring system in the long run”, said Peter Ndegwa, CEO, Safaricom.

The demonstration project comes as the world celebrates the 2nd International Day for Clean Air and blue skies on 7 September, this year held under the theme, Healthy Air, Healthy Planet. The Day calls for increased international cooperation at the global, regional and sub-regional levels. It provides a platform for strengthening global solidarity as well as political momentum for action against air pollution and climate change, including the increased collection of air quality data, carrying out joint research, developing new technologies and sharing best practices.

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