On 12 May, the European Commission adopted a set of recommendations to ensure that everyone involved in the design or operation of radio frequency identification chips (RFID) respects the fundamental right of individuals to privacy and data protection, as contained in the Charter of Fundamental Rights of the European Union.
According to these guidelines, consumers should be able to check if the products they buy in shops use these smart radio tags, which should be deactivated automatically, immediately and free-of-charge at the point of sale, unless the consumer explicitly opts-in by asking to keep the chip operational
Meanwhile, before using these systems, companies or public authorities using smart chips should make an assessment of their impact on the protection of privacy and of consumer data. They should also give consumers clear and simple information so that they understand if their personal data will be used, the type of collected data (such as name, address or date of birth) and for what purpose.
There should also be clear labelling to identify the devices that 'read' the information stored in smart chips, and provide a contact point for citizens to obtain more information. Therefore, retail associations and organisations should promote consumer awareness on products containing smart chips through a common European sign to indicate whenever a smart chip is used by a product.
In accordance with the Recommendation, Member States shall inform the Commission, within 2 years from its publication in the Official Journal of the European Union, of the measures taken in order to keep up with technological developments. This information will also allow the Commission to assess the need to replace the Recommendation with stronger legislation in the event that the objectives are not achieved.
The Commission, in turn, will report on the implementation of this Recommendation and its impact on economic operators and consumers in the 3 years following its publication in the Official Journal.
Further information:
- Commission Recommendation on the implementation of privacy and data protection principles in applications supported by radio-frequency identification http://ec.europa.eu/information_society/policy/rfid/documents/recommendationonrfid2009.pdf
- Small chips with big potential: New EU recommendations make sure 21st century bar codes respect privacy http://europa.eu/rapid/pressReleasesAction.do?reference=IP/09/740&format=HTML&aged=0&language=EN&guiLanguage=en
