PETs are increasingly important in Europe, where protecting user privacy and data security is a top priority. Although, we’re not talking about dogs, cats, or hamsters. Privacy Enhancing Technologies (PETs) are tools and techniques that limit access to personal data and control its use. Some examples of PETs include encryption, anonymisation, and access controls.
PETs help prevent data breaches, identity theft, and other privacy violations, building trust between users and organisations. Regulatory frameworks related to PETs are evolving. Therefore, organisations must comply with these regulations to avoid penalties and build trust with their users. In today’s digital age, personal data collection, use, and sharing are ubiquitous, making safeguarding user privacy and security imperative.
Common themes in PET regulations
While some European countries have different regulations and requirements related to PETs, some common themes emerge from the GDPR – which applies throughout the EU. These themes include obtaining informed consent for data collection and use, being transparent and providing adequate information to users, and implementing technical solutions, staff training, and policies and procedures related to data privacy and security.
Germany: obtaining informed consent for third-party tracking
In Germany, website operators must obtain user consent before using third-party tools to track user behaviour for advertising purposes. Consent must be informed, meaning users must know what they agree to, and transparency is critical.
France: valid user consent for targeted advertising
The French Data Protection Authority, CNIL, has provided guidance about obtaining proper consent for targeted advertising in France. It is a legal obligation and an ethical responsibility. Being transparent and providing adequate information to users is crucial for building trust and maintaining a healthy online environment.
The Netherlands: PETs in the healthcare sector
In the Netherlands, PETs are used in the healthcare sector to protect patient data. The Dutch Data Protection Authority, AP, has provided guidance on implementing measures to ensure patient data’s confidentiality, integrity, and availability.
Sweden: Privacy risks of facial recognition in education
In Sweden, privacy concerns related to facial recognition technology in the educational sector have led to cautionary guidance regarding the improper use of PETs. Therefore, organisations should limit facial recognition technology to specific areas and purposes, provide clear information to individuals about how their data is being collected and used, and implement strict access controls to limit who has access to the data. The Swedish Data Protection Authority, IMY, has provided guidance about implementing these measures and has the power to enforce penalties for non-compliance.
PETs are essential in safeguarding user privacy and building trust
PETs are critical in protecting user privacy and data security in Europe, because they are necessary for preventing privacy violations and building trust between users and organisations. So, by adhering to regulations and implementing PETs, organisations can avoid penalties and build trust with their users. Some might say that PETs are our best friends, just like our furry companions.
Actions to take
- Ask us to help you with guidance on how to comply with PET regulations in Europe by drafting a legal opinion
- Improve your policies or procedures about PETs by asking us to review and update your policies
- Get a risk assessment for the implementation of a specific PET by asking us to help you with a privacy impact assessment
- Read the FAQ on cookies and tracking from the state commissioner for data protection and freedom of information in Baden-Württemberg [German]
- Read CNIL’s practical guide on GDPR for data protection officers, because it gives guidance on the processing of personal data by a search engine for targeted advertising purposes
- Read the principles for supervision from the AP, which speaks to the monitoring of organisations in the healthcare sector
- Read the article titled ‘Facial recognition in school renders Sweden’s first GDPR fine’ from the IMY