20 February 2013
The proposed General Data Protection Regulation moved into a new phase following publication in mid-January of the first draft of the Albrecht Report, which is set to become the Parliament’s negotiating position on the Regulation.
Albrecht has significantly increased the scope of the Regulation redefining the types of profiling covered by it. He has created a Bill of Rights including the right to have control over one’s data, to data security, to be forgotten, and to port one’s data easily to other platforms. Additionally, Albrecht has changed the minimum threshold requirements for data processing expanding it to apply to any legal person processing more than 500 data subjects a year. If approved, this will affect all market research agencies regardless of their size.
ESOMAR and EFAMRO have analysed the Regulation’s impact on the market research industry, and have drafted a joint position statement focusing on reducing the scope of profiling targeted by the law or seeking an exemption for market research from the clause referring to profiling.
In line with the position statement, ESOMAR and EFAMRO conducted a delegation visit to Strasbourg, led by Legal Committee Chairman Adam Phillips, to meet key Liberal and Socialist Members of European Parliament (MEPs) and to secure their support for amendments addressing the associations’ concerns. Additionally, ESOMAR and German Association ADM attended meetings in Brussels and met with Jan Albrecht and key centre-right MEPs to convey these concerns. ESOMAR and EFAMRO are hopeful that the outcome will lead to a more legally certain positioning for the market research sector in the second draft of the Albrecht report.