The European Data Protection Supervisor (EDPS) adopted an opinion on the European Commission Communication on the open internet and net neutrality in Europe, in which he stressed the importance to hold a serious policy debate on net neutrality in order to make sure that users' confidentiality of communications is effectively protected.

The opinion adopted by the European Data Protection Supervisor (EDPS) highlights the implications of open internet and net neutrality on the fundamental right to privacy and data protection of users, in particular, in terms of confidentiality of communications. The opinion is based on the European Commission Communication on the open internet and net neutrality in Europe approved in April 2011. Net neutrality refers to the issue of whether Internet service providers (ISPs) should be allowed to monitor network traffic to filter or restrict Internet access, for example to block specific services or applications (e.g. peer to peer) or give preference access to others.

According to Peter Hustinx, Supervisor, the concept of net neutrality builds on the view that information on the Internet should be transmitted impartially, without regard to content, destination or source. He stressed that by looking into users' Internet communications, ISPs may breach the existing rules on the confidentiality of communications, which is a fundamental right that must be carefully preserved. Therefore Hustinx underlined that a serious policy debate on net neutrality must make sure that users' confidentiality of communications is effectively protected.

The EDPS calls on the Commission to initiate a debate involving all the relevant stakeholders with a view to clarifying how the data protection legal framework applies in this context. He recommends guidance to be provided in areas such as determining inspection practices that are legitimate, such as those needed to ensure the smooth flow of traffic or carried out for security purposes; determining when monitoring requires the users' consent, for instance in cases where filtering aims to limit access to certain applications and services, such as peer to peer; in such cases, guidance may be needed regarding the application of the necessary data protection safeguards (purpose limitation, security, etc).