Summary of the Opinion of the European Data Protection Supervisor on the Proposal for amending the Directive on the framework for the deployment of Intelligent Transport Systems in the field of road transport

(The full text of this Opinion can be found in English, French and German on the EDPS website: www.edps.europa.eu)

(2022/C 157/06)

The European Commission adopted on 14 December 2021 a Proposal for amending Directive 2010/40/EU on the framework for the deployment of Intelligent Transport Systems (‘ITS’) in the field of road transport and for interfaces with other modes of transport. The deployment of ITS has been identified by the Commission as a key action in achieving connected and automated multimodal mobility.

The objective of the Proposal is to expand the current scope of the ITS Directive to cover new and emerging challenges and to allow essential ITS services to be made mandatory across the EU. Moreover, the revision is part of the evolving landscape of legislation on data, following the Communication on the European strategy for data.

The EDPS recalls that the processing of personal data shall be lawful if the data subject (the identified or identifiable natural person to whom personal data relate) has given consent to the processing of his or her personal data for one or more specific purposes or if another appropriate legal basis under Article 6 GDPR can be validly applied.

The Proposal indicates that data types and services, the provision of which should be made mandatory, would be identified based on the specifications set out in delegated acts supplementing the ITS Directive and reflect the data types and services set therein. At the same time, the EDPS notes that the Proposal would delete a number of provisions included the existing ITS Directive, including the provisions that relate to the principle of purpose specification and data minimisation.

Taking into account the particular protection granted to privacy and data protection as fundamental rights protected by Articles 7 and 8 of the Charter of Fundamental Rights of the European Union, the EDPS considers that the categories of personal data as well as the purposes for the processing of personal data in the context of the deployment of ITS services should be specified directly in the Proposal rather than in delegated acts supplementing the ITS Directive. In addition, the EDPS considers it important that the requirements of purpose specification, security, data minimisation, and to the need to ensure that provisions on consent are respected would remain appropriately reflected in the revised ITS Directive.

Insofar as the Proposal would seek to provide a legal basis for the processing of personal data in the context of the deployment and operational use of ITS, it should also establish a maximum storage duration for the relevant categories of data concerned, taking into account the ITS in question.

Given that the deployment of ITS may involve a large number of stakeholders, the EDPS recommends that a DPIA be conducted by the Commission before enabling the deployment of ITS services that are likely to result in a high risk to the rights and freedoms of natural persons (e.g. mobility management services by public transport authorities).

1. INTRODUCTION AND BACKGROUND

1. The European Commission adopted on 14 December 2021 a Proposal for amending Directive 2010/40/EU on the framework for the deployment of Intelligent Transport Systems in the field of road transport and for interfaces with other modes of transport (‘the Proposal’) ( 1 )

2. Directive 2010/40/EU (‘the ITS Directive’) was designed to be the framework for accelerating and coordinating the deployment and use of ITS applied to road transport and its interfaces with other transport modes.

3. Communication on a Sustainable and Smart Mobility Strategy (‘the Strategy’) The Commission’s(‘the Strategy’) ( 2 ) identifies the deployment of Intelligent Transport Systems (‘ITS’) as a key action in achieving connected and automated multimodal mobility, and therefore contributing to the transformation of the European transport system to reach the objective of efficient, safe, sustainable, smart and resilient mobility.

4. The Strategy announced that the ITS Directive would soon be revised, including some of its delegated regulations. The Strategy also highlighted the Commission’s intention to support the creation of a coordination mechanism in 2021 for the national access points (NAPs) created under the ITS Directive. Moreover, the revision is part of the evolving landscape of legislation on data, following the Communication on the European strategy for data ( 3 )

5. The Proposal seeks to address the following problems ( 4 ) i. the lack of interoperability and lack of continuity of applications, systems and services; ii. the lack of concertation and effective cooperation among stakeholders; and iii. unresolved issues related to the availability and sharing of data supporting ITS services.

6. The Proposal seeks to address these problems notably by expanding the current scope of the ITS Directive to cover new and emerging challenges, and by allowing essential ITS services to be made mandatory across the EU. The deployment of ITS services will be supported by the availability of data necessary to provide reliable information and additional rules would help to improve alignment with current practices and standards ( 5 )

7. On 6 January 2022 the Commission requested the EDPS to issue an Opinion on the Proposal pursuant to Article 42(1) of Regulation (EU) 2018/1725 (‘the EUDPR’) ( 6 ) . The comments and recommendations in this Opinion are limited to the provisions in the Proposal that are most relevant from data protection perspective.

4. CONCLUSIONS

39. In light of the above, the EDPS makes the following main recommendations: a) Insofar as the Proposal seeks to provide a legal basis for the processing of personal data in the context of the deployment and operational use of ITS, it should therefore: — clearly specify the purpose(s) of the processing; and — provide a clear and comprehensive overview of the categories of personal data concerned; — clearly assign the roles of the various actors involved as controller, joint controller or processor; — establish a maximum storage duration for the relevant categories of data concerned, taking into account purposes of the processing the ITS in question. b) Given that the deployment of ITS may involve a large number of stakeholders, the EDPS recommends that the Commission carry out a data protection impact assessment before enabling the deployment of ITS services that are likely to result in a high risk to the rights and freedoms of natural persons.

Brussels, 2 March 2022. Wojciech Rafał WIEWIÓROWSKI

(1) COM(2021) 813 final.

(2) Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions ‘Sustainable and Smart Mobility Strategy – putting European transport on track for the future’ adopted in December 2020, COM/2020/789 final.

(3) https://digital-strategy.ec.europa.eu/en/policies/sshoudltrategy-data

(4) Explanatory Memorandum, p. 3.

(5) Explanatory Memorandum, p. 3.

(6) Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).