Both sets of guidelines are open for consultation for six weeks.
Guidelines on the calculation of administrative fines
The European Data Protection Board has adopted new Guidelines on the calculation of administrative fines, harmonising the methodology data protection authorities (DPAs) use. The guidelines also include harmonised “starting points” to calculate a fine. Three elements are considered: the categorisation of infringements by nature, the seriousness of the infringement and the turnover of a business.
The guidelines set out a calculation methodology which involves five steps:
The guidelines are an important addition to the framework the EDPB is building for more efficient cooperation among DPAs on cross-border cases, which is a strategic priority for the EDPB.
The guidelines will open for consultation for a period of six weeks. Following public consultation, a final version of the guidelines will be adopted, taking into account stakeholder feedback, and will include a reference table with a range of starting points for the calculation of a fine, correlating the seriousness of an infringement with the turnover of an undertaking.
Guidelines on the use of facial recognition technology in the area of law enforcement
The EDPB also adopted Guidelines on the use of facial recognition technology in the area of law enforcement. The guidelines provide guidance to EU and national law makers, as well as to law enforcement authorities, on implementing and using facial recognition technology systems.
The EDPB stresses that facial recognition tools should only be used in strict compliance with the Law Enforcement Directive (LED). Moreover, such tools should only be used if necessary and proportionate, as set out in the Charter of Fundamental Rights.
In the guidelines, the EDPB repeats its call for a ban on the use of facial recognition technology in certain cases, as it had requested in the EDPB-EDPS joint opinion on the proposal for an Artificial Intelligence Act. More specifically, the EDPB considers there should be a ban on:
The guidelines will be open for consultation for a six weeks.