Data

Data protection, privacy and new technologies

More of our everyday lives are online — both at work and home. Meanwhile, terror attacks intensify calls for more surveillance. Concerns grow over the safety of our privacy and personal data.

FRA helps lawmakers and practitioners protect your rights in a connected world.

Highlights

  • Report / Paper / Summary
    24
    May
    2023
    This report provides a partial update on the findings of the 2017 European Union Agency for Fundamental Rights (FRA) report Surveillance by intelligence services: Fundamental rights safeguards and remedies in the EU. It was prepared at the request of the European Parliament, which asked FRA to update its 2017 findings to support the work of its committee of inquiry to investigate the use of Pegasus and equivalent surveillance spyware (PEGA).
  • Report / Paper / Summary
    8
    December
    2022
    Artificial intelligence is everywhere and affects everyone – from deciding what content people see on their social media feeds to determining who will receive state benefits. AI technologies are typically based on algorithms that make predictions to support or even fully automate decision-making.
  • Handbook / Guide / Manual
    25
    May
    2018
    The rapid development of information technology has exacerbated the need for robust personal data protection, the right to which is safeguarded by both European Union (EU) and Council of Europe (CoE) instruments. Safeguarding this important right entails new and significant challenges as technological advances expand the frontiers of areas such as surveillance, communication interception and data storage. This handbook is designed to familiarise legal practitioners not specialised in data protection with this emerging area of the law.
    Publications and data
    13
    July
    2017
    In 2006 the EU issued its Data Retention Directive. According to the Directive, EU Member States had to store electronic telecommunications data for at least six months and at most 24 months for investigating, detecting and prosecuting serious crime. In 2016, with an EU legal framework on data retention still lacking, the CJEU further clarified what safeguards are required for data retention to be lawful.This paper looks at amendments to national data retention laws in 2016 after the Digital Rights Ireland judgment.
    11
    July
    2017
    The European Parliament requested this FRA Opinion on the fundamental rights and personal data protection implications of the proposed Regulation for the creation of a European Travel Information and Authorisation System (ETIAS), including an assessment of the fundamental rights aspects of the access
    by law enforcement authorities and Europol.
    7
    July
    2017
    Various proposals on EU-level information systems in the areas of borders and security mention interoperability, aiming to provide fast and easy access to information about third-country nationals.
    30
    May
    2017
    Diverse efforts at both EU and national levels sought to bolster fundamental rights protection in 2016, while some measures threatened to undermine such protection.
    30
    May
    2017
    Diverse efforts at both EU and national levels sought to bolster fundamental rights protection in 2016, while some measures threatened to undermine such protection.
    29
    May
    2017
    This year marks the 10th anniversary of the EU Agency for Fundamental Rights. Such a milestone offers an opportunity for reflection – both on the progress that provides cause for celebration and on the lingering shortcomings that must be addressed.
    The Agency’s Director, Michael O’Flaherty, took part in a meeting of the European Parliament’s Committee on Civil Liberties, Justice and Home Affairs (LIBE) on 9 February.
    25
    January
    2017
    The European Parliament asked the Agency to provide its Opinion on the fundamental rights impact of the proposed revision of the Eurodac Regulation on children.
    5
    December
    2016
    EU Member States are increasingly involved in border management activities on the high seas, within – or i cooperation with – third countries, and at the EU’s borders. Such activities entail risks of violating the principle of non-refoulement, the cornerstone of the international legal regime for the protection of refugees, which prohibits returning individuals to a risk of persecution. This report aims to encourage fundamental-rights compliant approaches to border management, including by highlighting potential grey areas.
    5
    December
    2016
    EU Member States are increasingly involved in border management activities on the high seas, within – or in cooperation with – third countries, and at the EU’s borders. Such activities entail risks of violating the principle of non-refoulement, the cornerstone of the international legal regime for the protection of refugees, which prohibits returning individuals to a risk of persecution. This guidance outlines specific suggestions on how to reduce the risk of refoulement in these situations – a practical tool developed with the input of experts during a meeting held in Vienna in March of 2016.
    30
    May
    2016
    The European Union (EU) and its Member States introduced and pursued numerous initiatives to safeguard and strengthen
    fundamental rights in 2015. Some of these efforts produced important progress; others fell short of their aims. Meanwhile,
    various global developments brought new – and exacerbated existing – challenges.
    30
    May
    2016
    The European Union (EU) and its Member States introduced and pursued
    numerous initiatives to safeguard and strengthen fundamental rights in 2015.
    FRA’s Fundamental Rights Report 2016 summarises and analyses major
    developments in the fundamental rights field, noting both progress made
    and persisting obstacles. This publication presents FRA’s opinions on the
    main developments in the thematic areas covered and a synopsis of the
    evidence supporting these opinions. In so doing, it provides a compact but
    informative overview of the main fundamental rights challenges confronting
    the EU and its Member States.
    21
    December
    2015
    The proposal to establish a possible legislative instrument supplementing the existing European Criminal Records Information System with information on third-country nationals convicted in the EU raises a number of fundamental rights issues.
    18
    November
    2015
    This report, drafted in response to the European Parliament’s call for thorough research on fundamental rights protection in the context of surveillance, maps and analyses the legal frameworks on surveillance in place in EU Member States.
    18
    November
    2015
    In April 2014, the European Parliament requested the European Union Agency for Fundamental Rights (FRA) “to undertake in–depth research on the protection of fundamental rights in the context
    of surveillance”. This summary presents FRA’s main research findings, which are published in full in the report entitled Surveillance by intelligence services: fundamental rights safeguards and remedies in the EU – Mapping Member States’ legal frameworks.
    22
    October
    2015
    Processing biometric data for immigration, asylum and border management purposes has become common. This focus paper looks at measures authorities can take to enforce the obligation of newly arrived asylum seekers and migrants in an irregular situation to provide fingerprints for inclusion in Eurodac.
    25
    June
    2015
    European Union (EU) Member States and institutions introduced a number of legal and policy measures in 2014 to safeguard fundamental rights in the EU. Notwithstanding these efforts, a great deal remains to be done, and it can be seen that the situation in some areas is alarming: the number of migrants rescued or apprehended at sea as they were trying to reach Europe’s borders quadrupled over 2013; more than a quarter of children in the EU are at risk of poverty or social exclusion; and an increasing number of political parties use xenophobic and anti-immigrant rhetoric in their campaigns, potentially increasing some people’s vulnerability to becoming victims of crime or hate crime.
    EU internal security concerns, including the threat of terrorist attacks, have affected the data protection debate, while mass surveillance and government secrecy have continued to be widely discussed.
    26
    January
    2015
    FRA was requested by the European Commission (EC) in January 2014 to provide practical guidance on the processing of Passenger Name Record (PNR) data for law enforcement purposes, in light of efforts by Member States to establish national PNR systems. As a result, in informal consultation with EC services and the European Data Protection Supervisor (EDPS) and building on opinions FRA, the EDPS and the Article 29 Working Party on PNR, FRA presented twelve fundamental rights considerations to EU Member States experts at technical level.
    9
    July
    2014
    The EU and its Member States took a variety of important steps in 2013 to protect and promote fundamental rights by
    assuming
    new international commitments, revamping legislation and pursuing innovative policies on the ground. Yet, fundamental
    rights violations seized the spotlight with distressing frequency: would‑be migrants drowning off the EU’s coast,
    unprecedented mass surveillance, racist and extremist‑motivated murders, child poverty and Roma deprivation.
    On 6 September, FRA joined a European Parliament panel discussion on the digital services act.
    FRA’s report on artificial intelligence and fundamental rights presents concrete examples of how companies and public administrations in the EU are using, or trying to use, AI.
    The COVID-19 pandemic exposed gaps in respecting the fundamental rights to health, education, employment and social protection across society. FRA’s Fundamental Rights Report 2021 plots the pandemic’s wide-ranging impact on rights and suggests how best to address increasing inequalities and threats to societal cohesion.
    On 30 April, FRA took part in Equinet’s webinar on artificial intelligence. It introduced the context of its research on fundamental rights and AI, its findings with regards to specific fundamental rights (data protection, non-discrimination, and access to remedies), and its key recommendations.
    During the first of a series of seminars on AI and law, FRA presented its research findings on the fundamental rights implications of using Artificial Intelligence.
    On 24 March, FRA took part in a webinar organised by the European Network of Ombudsmen on AI and e-government in public administrations.
    From tracking the spread of COVID-19 to deciding who will receive social benefits, artificial intelligence (AI) affects the lives of millions of Europeans. Automation can improve decision-making. But AI can lead to mistakes, discrimination and be hard to challenge. A new EU Agency for Fundamental Rights (FRA) report reveals confusion about the impact of AI on people’s rights. This even among organisations already using it. FRA calls on policymakers to provide more guidance on how existing rules apply to AI and ensure any future AI laws protect fundamental rights.
    Growing intolerance and attacks on people’s fundamental rights continue to erode the considerable progress achieved over the years, finds FRA’s Fundamental Rights Report 2020. As Europe begins to emerge from the COVID-19 pandemic we see a worsening of existing inequalities and threats to societal cohesion.
    Many governments are looking to technology to help monitor and track the spread of COVID-19, as a new Fundamental Rights Agency (FRA) report shows. Governments’ using technology to protect public health and overcome the pandemic need to respect everyone’s fundamental rights.
    Government measures to combat COVID-19 have profound implications for everybody’s fundamental rights, including the right to life and to health, as mapped by a new Fundamental Rights Agency (FRA) report. Government responses to stop the virus particularly affect the rights of already vulnerable or at-risk people, such as the elderly, children, people with disabilities, Roma or refugees. Respecting human rights and protecting public health is in everyone’s best interest – they have to go hand-in-hand.
    Many people across the EU risk being left behind, as growing intolerance and attacks on people’s fundamental rights continue to erode the considerable progress achieved to date, finds FRA’s Fundamental Rights Report 2019.
    Nearly 60% of Europeans consider being old a disadvantage when looking for work. Societies often view older people as burdens. Too often we overlook the basic human rights of our older people. This year, the EU Agency for Fundamental Rights (FRA) in its 2018 Fundamental Rights Report explores how a rights-based approach towards respect for older people is starting to happen.
    IT systems can help trace missing migrant children and combat identity theft. But there are also significant risks to people’s fundamental rights, for instance not being fairly treated within the asylum procedure. So finds the European Union Agency for Fundamental Rights (FRA) in a new report. As authorities increasingly rely on these systems, the report suggests ways to better defend the rights of those affected.
    Reforms to surveillance laws are improving transparency but better checks and balances to match the powers of intelligence services are needed, finds a new report from the European Union Agency for Fundamental Rights (FRA). It shows how clear legal frameworks, robust safeguards and effective oversight are needed to enhance security and respect fundamental rights.
    Over the last decade, new fundamental rights laws and policies have been adopted and specialist institutions created. But fundamental rights challenges still remain and rights are under attack, underlining the lack of a fundamental rights culture across institutions and societies, as the EU Agency for Fundamental Rights (FRA) reveals in its 2017 Fundamental Rights Report.
    Suggestions to help tackle Europe’s pressing human rights crisis were captured at the Fundamental Rights Forum in Vienna. Over 700 leading experts from around the world contributed to the EU Agency for Fundamental Rights’ event. All the 100+ practical ideas that were generated are being distilled in the Forum Chair’s Statement.
    Over one million people sought refuge in the EU in 2015, a fivefold increase from the year before. In its Fundamental Rights Report 2016, the EU Agency for Fundamental Rights (FRA) examines the scale and nature of the challenge and proposes measures to ensure fundamental rights are respected across the EU.
    The EU Agency for Fundamental Rights (FRA) has published a report today looking into the legal arrangements that govern intelligence services and their surveillance practices in the EU Member States. It underlines the challenges of protecting citizens while safeguarding the fundamental rights that underpin European societies.
    Record numbers of migrants died as they tried to cross the Mediterranean to reach Europe in 2014. Member States should therefore consider offering more legal possibilities for people in need of international protection to enter the EU, as viable alternatives to risky irregular entry. This is one of the conclusions from this year’s Annual report which looks at developments across the EU in many areas over 2014.