On November 18, 2024, the European Data Protection Supervisor (EDPS) announced the publication, on November 14, 2024, of EDPS Opinion 22/2024 on the Proposal for a Regulation on the Welfare of dogs and cats and their traceability.

The EDPS noted that the Opinion was published following a request from the Permanent Representatives Committee of the Council of the European Union on July 26, 2024.

The Proposal requires that operators of establishments must notify competent national authorities of their activities, including their name and address under Article 7 of the Proposal, alongside any changes to such information. The EDPS noted that the Proposal must avoid open-ended terms to the personal data provided to national authorities, and recommends the Proposal specify as exhaustively as possible, any categories of personal data to be processed for such purpose.

Likewise, Article 17 of the Proposal requires that dogs and cats kept in establishments must be registered in a national database. The database must record the transfer of ownership or responsibility for the dog or cat and record the change of ownership or responsibility under Article 19 of the Proposal. However, the EDPS again recommends that the Proposal clarify which categories of personal data should be recorded in the database, and whether the personal data to be processed be limited to the names and contact details of persons concerned.

Further, Article 17(6) of the Proposal details that an online system will be used to perform checks on the authenticity of the identification and registration of dogs and cats. In this case, the EDPS again recommends that the Proposal clarify which categories of personal data, if any, will be made available during the verification of the authenticity of identification and registration of dogs and cats.

Notably, the EDPS also highlighted that although a 30-year retention period from the date of first registration in the database is provided under Recital 44d of the Proposal, the storage period may exceed the realistic period for which personal data is needed. While recognizing that the retention period is based on the life expectancy of dogs and cats as well as the potential need for posthumous analysis, the EDPS stipulated that a shorter maximum retention period would be sufficient.

You can read the press release here and the Opinion here.