The European Data Protection Supervisor's Seat Remains Vacant Amid Political Disagreements
Delay persists in selecting a new EU Privacy Chief for half a year, with no agreement reached as yet.
Six months have passed since the mandate of the European Union's privacy guardian, the European Data Protection Supervisor (EDPS), came to an end, and EU lawmakers and national governments are still at odds over who will take the reins.
The appointment process has been fraught with delays, with hearings, initially scheduled before the expiration of the current EDPS Wojciech Wiewiórowski's term, pushed back to January due to bureaucratic hurdles in approving a shortlist of potential candidates.
Following these hearings, both the European Parliament and member states have backed different candidates from the four contenders selected by the Commission. A joint working group consisting of representatives from both institutions convened, but these meetings yielded no decisive outcome, with no further meetings scheduled on the matter.
The Parliament's Civil Liberties, Justice and Home Affairs Committee has expressed their support for long-time Commission official Bruno Gencarelli from Italy; meanwhile, member states are advocating for Wiewiórowski to continue his role. However, privacy experts have pointed out potential conflicts of interest in appointing Gencarelli, arguing that it would undermine the EDPS's constitutional independence.
Notably, the EDPS has never been held by a former Commission official, with previous incumbents like Wiewiórowski, Peter Hustinx (2004-2009 and 2009-2014), and Giovanni Buttarelli (2014 -2019) all hailing from national supervisory authorities.
The EDPS, established in 2004, lacks the power to fine tech giants for breaches of EU privacy rules. Instead, the authority publishes opinions on legislative proposals, advising on upcoming digital legislation. In the absence of a new leader, Wiewiórowski continues his duties.
Recently, the EDPS office published an opinion on proposed Commission rules for the return of third-country nationals staying illegally in the EU, recommending a thorough fundamental rights impact assessment to mitigate potential risks.
Isabelle Roccia, Managing Director of privacy professional's organisation IAPP in Europe, noted that the EDPS's role has evolved significantly since its creation 20 years ago, overseeing compliance for nearly 80 EU entities and playing a substantial part in EU policymaking.
Roccia underscored that the next EDPS should be carefully chosen to navigate data protection as it intersects with various legal domains, emerging technologies, security concerns, and geopolitical implications while the Commission focuses on competitiveness and simplification.
As of publication, the European Commission did not respond to a request for comment regarding the EDPS appointment process.
Additional Insights:
- Regulation (EU) 2018/1725 outlines the powers and responsibilities of the EDPS and ensures their financial independence from the European Union institutions.
- Data protection is a critical issue in the European Union, with the General Data Protection Regulation (GDPR) having a significant impact on businesses and individuals.
- The EDPS plays a crucial role in advancing the EU's digital policies, working closely with the European Commission, the European Parliament, and national data protection authorities on various initiates and projects.
[1] Regulation (EU) 2018/1725: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02018R1725-20201204
- The ongoing political disagreements over the appointment of a new European Data Protection Supervisor (EDPS) highlight the significant role the EDPS plays in policy-and-legislation, especially in the context of data protection and general news related to the European Union.
- The EDPS, in its role as a key player in European politics, provides opinions on legislative proposals, influencing policy-and-legislation related to digital legislation, such as the recent opinion on proposed Commission rules for the return of third-country nationals staying illegally in the EU.
