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REPORT (2023/2138(DEC))

On discharge in respect of the implementation of the general budget of the European Union for the financial year 2022, Section IX – European Data Protection Supervisor

A-9-2024-0086

Committee on Budgetary Control · Rapporteur: Luke Ming Flanagan

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Parliament grants the European Data Protection Supervisor (EDPS) discharge for the implementation of its budget for the financial year 2022, and sets out its observations in a resolution. The resolution notes the EDPS budget of EUR 20 266 000, a 98 % implementation rate, and the Court of Auditors' finding of no specific issues, with errors below the materiality threshold. It reviews the EDPS's organisational changes, complaint handling, investigations, staff, ethics, transparency, digitalisation, cybersecurity, buildings, environment, interinstitutional cooperation and communication. It calls on the EDPS to prioritise personal data of minors under 15, review complaint rules, inform on mandate extensions and resources, join the transparency register, and report on IT strategy and solar panels.

Committee position. The Committee on Budgetary Control proposes that Parliament grant the EDPS discharge for the 2022 financial year and adopt a resolution setting out its observations, including calls to prioritise minors' data, review complaint rules, join the transparency register and report on resources.

Key points

  1. Parliament grants the EDPS discharge for the implementation of its budget for the financial year 2022.
  2. The EDPS budget fell under MFF heading 7, which totalled EUR 11,6 billion, or 5,9 % of Union budget spending; the EDPS budget was 0,17 % of that heading.
  3. The Court of Auditors examined 60 transactions, found 14 (23 %) with errors, estimated the error level below the materiality threshold, and identified no specific issues concerning the EDPS.
  4. The final adopted EDPS budget was EUR 20 266 000, up 4,12 % from 2021; the implementation rate was 98 %, up from 86 %; the average payment time was 21,54 days.
  5. The EDPS conducted a mid-term review of its 2020-2024 strategy and made organisational changes, including a new Head of Secretariat, legal service, governance sector, operational sectors and a Strasbourg antenna.
  6. The EDPS received 367 complaints in 2022, 65 admissible and 302 inadmissible; it issued decisions in 23 of 65 cases within 42 days on average; Europol-related complaints took 5 to 12 months.
  7. Parliament calls on the EDPS to prioritise personal data of minors under 15, review its complaint rules, and keep the discharge authority informed on mandate extensions and resources.
  8. The EDPS had 127 staff at the end of 2022, an establishment plan occupancy rate of 86,9 %, 22 nationalities, 64 % women and 36 % men, and no women in senior management.
  9. The EDPS set up a risk management framework, provided 27 opinions, 49 formal comments and 30 informal comments, and had no OLAF investigations, no conflicts of interest and no whistle-blowing cases.
  10. The EDPS has not joined the transparency register; Parliament reiterates calls for it to join and welcomes alignment of its transparency rules with the register's principles.
  11. The IT budget was 21 % higher than in 2021; the EDPS surveyed EUIs' IT strategies, improved cybersecurity, and had no cyber-attack in 2022.
  12. The EDPS has not joined EMAS but reduced its environmental footprint; it reimburses 50 % of public transport subscriptions and provides bike parking.

Who is affected

  • The European Data Protection Supervisor, which receives discharge and must act on Parliament's observations.
  • EDPS staff, affected by recruitment, contracts, hybrid working, gender balance and workload distribution measures.
  • EU institutions, bodies, offices and agencies supervised by the EDPS on data protection compliance.
  • Minors under 15, whose personal data the EDPS is asked to prioritise in handling.
  • Member State data protection authorities cooperating with the EDPS in the European Data Protection Board.

Figures and deadlines

  • EUR 11,6 billion: total MFF heading 7 in 2022, 5,9 % of Union budget spending.
  • 0,17 %: EDPS budget as share of MFF heading 7 appropriations.
  • EUR 20 266 000: final adopted EDPS budget for 2022, up 4,12 % from 2021.
  • 98 %: budget implementation rate in 2022, up from 86 % in 2021.
  • 21,54 days: average payment time in 2022, up from 19,98 days in 2021.
  • EUR 41 000 to EUR 251 000: EDPS staff mission budget, an increase of 512 % between 2021 and 2022.
  • 367 complaints received in 2022, 47 more than in 2021; 65 admissible and 302 inadmissible.
  • EUR 304 665: budget for public communication and promotional activities in 2022, up 19 % from 2021.

Legal basis: Article 314(10) and Articles 317, 318 and 319 of the Treaty on the Functioning of the European Union.