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Parliamentary question - E-002504/2022(ASW)Parliamentary question

Answer given by Ms Vălean on behalf of the European Commission

Regulation (EU) 2016/679[1] (‘the regulation’) lays down that location data qualifies as personal data any time it relates to an individual. Insofar as the collection of location data of vehicles implies the collection of personal data of the drivers using that vehicle, the collection of location data of vehicles must comply with the regulation.

Directive (EU) 2019/520[2] (‘the directive’) refers in Recital 55 to the right to protection of personal data as recognised by the Charter of Fundamental Rights of the European Union.

Accordingly, Article 27 of the directive provides for the application of the regulation, limits the amount of personal data collected, and defines the purposes of data processing under the directive, and the rights of data subjects.

Moreover, Article 10 of the directive establishes that users shall be informed about the processing of their personal data and their rights. Finally, while the directive defines the possibilities for on-board equipment to facilitate services other than tolling[3], the collection and use of personal data must still comply with the regulation[4].

The Commission is strongly committed to the protection of personal data and EC law provides a strong legal framework to this effect.

Without prejudice to the competences of the Commission as Guardian of the Treaties, the monitoring and enforcement of the application of data protection rules fall within the competence of the national authorities and courts.

Data Protection Authorities in charge of the enforcement of data protection rules of individual Member States could take action, based either on complaints or on their own initiative if such services were not to comply with the regulation.

Last updated: 12 September 2022
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