‘GDPR authorities are not fine machines’

BERLIN

: With the

General

Data Protection Regulation (GDPR) coming into effect in the EU, European Justice and Consumer Rights Commissioner Ve ra Jourová has allayed fears of heavy penalties for small and medium businesses, saying “supervisory authorities are not fine machines”. The Czech lawmaker had branded Facebook as the “highway for hatred” late last year and had to delete her account following extensive trolling. At a time when India is drafting its privacy law, Jourová advised authorities to develop strong rights for citizens over their personal data. Excerpts from an email interview:


GDPR has just come into effect in the EU. What has been the feedback?
I have received mainly positive feedback about the GDPR. It’s clear that May 25 (the day GDPR came into effect) was the start of a new era for many companies in managing the personal data they are entrusted with. GDPR allows for stronger data security, better data management and better customer relationships.

A major concern among small & medium businesses is that if they fail to comply with the GDPR rules, they would be subjected to hefty fines…
Supervisory authorities are not “fine machines”. There are a range of actions they can take before imposing a fine, such as warnings, reprimands, ordering compliance, and communicating the personal data breach directly to the person concerned.

Is hefty fine the solution to make sure tech companies adhere to rules?
We have had the rules for 20 years with very fragmented and weak sanctions. The reactions of some companies are the clear testimony that these old rules were ignored at times. We want our rules to have teeth and be respected by companies.

Facebook has been claiming that it is working on changing its privacy rules. What changes do you expect?
I believe they need to restore the trust of their users and of lawmakers. They can do this by respecting the data protection rules and explaining to us and the public how they do that.

Should emerging markets bring in a legislation like Germany’s NetzDG law, which tackles online hate speech & imposes high penalties on social media platforms in their country?
India has the potential to become one of the global leaders in data protection. I was happy to see the Supreme Court in India ruled that privacy is a fundamental right. This is common to our view in Europe, as laid down in our Charter of Fundamental Rights. We are engaged in dialogue with many countries around the world, including India. We must address challenges that are increasingly global.

India, which is drafting a privacy law, has seen massive changes in its digital landscape. What should India keep in mind while finalising the privacy law?
Indian authorities should focus on developing strong rights for Indian citizens over their personal data, such as the right to be forgotten or the right to access personal data. We made it clear to European citizens that they have control over their own data and they must be able to exercise their rights freely. This means giving their clear consent to a company to process their personal data. In the GDPR, we have strengthened the conditions for consent, and companies can no longer use long illegible terms and conditions full of legalese.

There is a need for an independent authority to enforce these rules. I also think that these rules need to set up sanctions to give teeth to the law and take action against these companies that do no play by the rules. Of course, similarities with the GDPR would make it easier for Indian business to access the EU market, but each country has to adapt these laws to their specific context. We are looking for countries that offer similar level of protection than the GDPR, not identical.

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