While the process of anonymising data means that this data cannot be related to an identified or identifiable individual, the process of pseudomynising data means that this data could be reattributed to a specific individual with the use of additional information. Nevertheless, the EDPS points out, in its Opinion, that anonymisation and pseudonymisation are two different techniques. In this regard, the EDPS welcomes that this data, shared with and between the European Commission and relevant Agencies, would be anonymised or pseudonymised, highlighting that these are important techniques to mitigate data protection risks for individuals.
It is also planned that this data may be used to provide personalised advice, advisory services and feedback to farmers to improve their sustainability. The data collected in the FSDN would serve as a basis for the European Commission and relevant Agencies to draft reports that would contribute to the EU’s Common Agricultural Policy, the Green Deal, and other existing or future initiatives concerning agriculture, farming and sustainability. Data collected and encoded into the FSDN may include the identity, address, location of farmers and farms this information amounts to personal data. In addition to the data already collected in the FADN, the Farm Sustainability Data Network (FSDN) would include environmental data linked to soil, air, water and biodiversity, as well as data related to the social dimension of farming.
The FSDN aims to expand the scope of the Farm Accountancy Data Network (FADN), a public database that collates annually aggregated data from crop and livestock farms to assess the economy of farms and rural areas within the EU Member States and at EU level. On 11 August 2022, the EDPS issued an Opinion on a proposed Regulation for a Farm Sustainability Data Network (FSDN). These developments reconfirm the importance of seeking alternative services, such as cloud and web services, based in the EU, to ensure that individuals’ personal data is processed according to EU data protection law and EU values. if a third party uses or sells an EU entity’s products and services in the U.S., but the EU entity itself does not target U.S.consumers by blocking access to its website for example, but has contacts with U.S. if the EU entity actively avoids targeting U.S.On the contrary, the following circumstances do not necessarily mean that the EU entity in question would be subject to the CLOUD Act: consumers but nevertheless has U.S customers, which generates revenue and provides insight into U.S. the EU entity in question does not specifically target U.S.consumers through specific advertising or by creating a dedicated website, providing tailored services to appeal to U.S customers the EU entity in question actively targets U.S.Other, but perhaps less obvious, ways in which EU entities could be subject to the CLOUD Act are: It is equally important that the controllers, joint-controllers, processors and joint processors in charge of deciding how and for what purposes personal data may be processed do not have corporate links with U.S companies either. entity could be subject to the CLOUD Act. Any direct or indirect corporate link between an EU entity and a U.S. Cloud Act if they use services, such as web services, that have a link with the U.S or are based in the U.S. The CLOUD Act also allows for bilateral agreements to be concluded between the U.S and another country, such as a country in the EU or European Economic Area, to exchange personal data or to have access to each country’s respective data for law enforcement purposes.Ĭoncretely, entities in the EU, including EU institutions, bodies, offices and agencies, could be subject to the U.S. government, with a court order, to access electronically stored communication data located in a private entity subject to U.S law but located outside the U.S., providing that this data is relevant to an ongoing criminal investigation. Stored Communications Act (SCA), the CLOUD Act allows the U.S. The CLOUD Act, or the American Clarifying Lawful Overseas Use of Data Act, is a United States’ (U.S.) federal law that came into force in March 2018. EDPS Brochure: Shaping a Safer Digital Future.
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