EUROPEAN PARLIAMENT
Committee on Transport and Tourism
Brussels, 4 November 2014
EUROPEAN ROAD TOLL SYSTEMS FOR
PRIVATE VEHICLES
Some aspects related to privacy or discrimination
Sylvie Peyrou, Assistant Professor in Law (tenured)
University of Pau and Pays de l’Adour
CDRE Bayonne (France)
I. Non discrimination
 A fundamental right
 Art.21 §2, Charter of Fundamental Rights of the
European Union
 A right enshrined in the Treaty
 Art.18, Treaty on the Functioning of the European
Union [TFEU]
I. Non discrimination
 Maastricht Treaty (Treaty on European Union) :
creation of an European citizenship
 Non-discrimination = principle of protection of all
the European citizens
 Benefits to all the EU citizens (active or inactive,
residents or in transit)
II. Personal data protection
 A fundamental right
 Art.8, Charter of Fundamental Rights of the
European Union
 A right enshrined in the Treaty
 Art.16, Treaty on the Functioning of the European
Union [TFEU]
II. Personal data protection
 Legislative References
 24 October 1995: Directive 95/46/EC on the
protection of individuals with regard to the
processing of personal data and on the free
movement of such data
 15 March 2006: Directive 2006/24/EC on the
retention of data generated or processed in
connection with the provision of publicly available
electronic communications services or of public
communications networks
 On 8 April 2014 the Court of Justice declared the Data
Retention Directive to be invalid: Digital Rights Ireland Ltd
II. Personal data protection
 Privacy by design
 Lawfull processing of data
 Purposes limitation requirement
 The European citizen is a data subject
 Information, Consent and Right of access
 Data retention
 Risks of using location-sharing technologies (GPS)
 Prohibition of massive data collection
 Avoid “a wide-ranging and particularly serious interference
with fundamental rights” (CJEU Digital Rights Ireland)
A few questions as a conclusion
 Enforcement by the law? Being compliant with
these fundamental principles
 How to support stakeholders all together to act ?
Where there’s a political will, there’s a legal way