EDPS Opinion 10/2018 on the Commission: Package on free and fair European elections

摘要

The functioning of the Union is founded on representative de-mocracy. Political communication is essential to the participation of Citizens, political forces and candidates in democratic life and to the fundamental right to freedom of expression. These rights and freedoms are interdependent with the right to respect for private and family life, home and Communications and the right the protection of personal data. Earlier this year, in his Opinion 3/2018 on online manipulation, the EDPS highlighted the risks to fundamental rights of concentrated markets. In the context of the 2018 State of the Union speech, the Commission presented a security package focusing on Free and fair European elections. This package is composed of a Communication, a Guidance document on the application of Union data protection law in the electoral context, a Recommendation and a pro-posal for a Regulation as regards a verification procedure related to infringements of rules on the protection of personal data in the context of elections to the European Parliament. The EDPS recog-nises the reference made to the role of social media platforms and on how this initiative would be coherent with the Code of Prac-tice on online disinformation. In light of the upcoming European Parliament elections in May next year, and the numerous oth-er national elections scheduled for 2019, the EDPS also recognises the recommendations for the setting up of national election net-works and a European coordination network. He takes this op-portunity to show his availability to participate in this European network. It would complement EDPS action in this area, in par-ticular the worskop which he organises in February next year. The EDPS also recognises the recommendation to Member States to perform a comprehensive assessment of risks associated with the elections to the European Parliament with a view to identifying potential cyber incidents that could affect the integrity of the electoral process and underlines the urgency of this matter.