On discharge in respect of the implementation of the general budget for the financial year 2022, Section IX – European Data Protection Supervisor
LIBE-AD-756193
Committee on Civil Liberties, Justice and Home Affairs · Rapporteur: Tomáš Zdechovský
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The Committee on Civil Liberties, Justice and Home Affairs gives its opinion to the Committee on Budgetary Control on granting discharge to the European Data Protection Supervisor (EDPS) for the 2022 budget.¶ It notes the Court of Auditors made no remarks on the EDPS and repeats its call for the Court to audit the EDPS annual accounts.¶ It welcomes the EDPS annual report, its conference and its follow-up on the Schrems II judgment, training and supervision work, while regretting the low occupancy rate of the establishment plan.¶¶¶ It asks the EDPS to review its complaints handling after a data access case, to adapt resources to its workload, and to consider a 'transparency by design' policy.¶¶
Committee position. The committee proposes that the Committee on Budgetary Control incorporate its suggestions into the discharge resolution: it welcomes much of the EDPS 2022 work, regrets the low staff occupancy, and asks the EDPS to review complaints handling and adopt a transparency-by-design policy.¶¶¶
Key points
- Calls on the Committee on Budgetary Control to incorporate these suggestions into its motion for a resolution on the 2022 discharge.¶
- Notes the Court of Auditors' 2022 report contains no remarks on the EDPS and repeats its call for the Court to include the EDPS annual accounts in its yearly audit.¶
- Welcomes the EDPS 2022 annual report and its conference 'The Future of Data Protection: Effective Enforcement in the Digital World', which drew over 2 000 participants and contributed to a Commission proposal on GDPR enforcement.¶
- Regrets that the occupancy rate of the establishment plan is below the 2022 target, acknowledges a shortage of skilled professionals and encourages the Supervisor to raise the visibility of vacancies.¶
- Welcomes the EDPS follow-up on the Schrems II judgment, focused in 2022 on EUIs' contracts with private entities, notably large ICT providers, and arrangements with non-EU/EEA public bodies or international organisations.¶
- Welcomes EDPS training for EUIs, its December 2022 Memorandum of Understanding with the European Union Agency for Cybersecurity (ENISA) and its participation in the Coordinated Supervision Committee (CSC) overseeing Europol, Eurojust and EPPO.¶
- On a citizen's data access request, notes the EDPS decided before all facts were checked, that both the complainant and Europol challenged the decision, and that the review is suspended pending a national court; recommends reviewing complaints handling and reporting progress to the discharge authority.¶
- Welcomes the EDPS internal task force and guidance helping EUIs fight the COVID-19 pandemic while complying with data protection law.¶
- Notes the European Ombudsman closed case 1995/2022/OAM finding no maladministration in the EDPS refusal of full access to documents 8-10, and invites the EDPS to adopt a 'transparency by design' policy and publish documents proactively.¶
Who is affected
- The European Data Protection Supervisor: receives suggestions on staffing, complaints handling, transparency and resource needs.¶¶¶
- The Court of Auditors: asked to include the EDPS annual accounts in its yearly audit and issue a report.¶
- EU institutions, offices and bodies (EUIs): subject to EDPS supervision and training, including on contracts with private ICT providers and non-EU/EEA bodies.¶¶¶
- EUIs in the police and justice area (Europol, Eurojust, EPPO): under coordinated supervision by the CSC with EDPS participation.