Recital 16*

Commission Proposal

16. The principles of protection should apply to any information concerning an identified or identifiable natural person. To determine whether a natural person is identifiable, account should be taken of all the means likely reasonably to be used either by the controller or by any other person to identify the individual. The principles of data protection should not apply to data rendered anonymous in such a way that the data subject is no longer identifiable.

EDRi’s proposed amendment

16. The principles of protection should apply to any information concerning an identified or identifiable natural person. To determine whether a natural person is identifiable, account should be taken of all the means likely reasonably to be used either by the controller or by any other person to identify the individual. The principles of data protection should not apply to data rendered anonymous in such a way that the data subject is no longer identifiable taking full account of the technological “state of the art” and technological trends.

Justification
Removing “reasonably” widens the scope of the measures to be considered when assessing whether an individual is identifiable. This is also important, since the “state of the art” in de-anonymisation is continuously developing. There is a significant risk for protection of personal data if this fact is not taken into account. This proposed amendment aligns this recital with our proposed changes to the corresponding recital 23 in the proposed General Data Protection Regulation.

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