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DRAFT OPINION (2023/2138(DEC))

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

LIBE-PA-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 on the discharge for the European Data Protection Supervisor's 2022 budget. It asks the Committee on Budgetary Control to include its suggestions in the discharge resolution. It notes the Court of Auditors made no remarks on the EDPS for 2022 and repeats its call for the EDPS accounts to be audited yearly. It welcomes the EDPS annual report, its conference, its work on Schrems II, its training and its agreement with ENISA. It notes the General Court dismissed the EDPS action against the amended Europol regulation and welcomes Europol's efforts on EDPS recommendations. It urges the EDPS to review its complaint-handling rules after a decision was challenged and its review suspended.

Committee position. The Committee on Civil Liberties, Justice and Home Affairs proposes that the Committee on Budgetary Control incorporate its suggestions into the discharge resolution. It welcomes the EDPS 2022 report and activities, notes the Court of Auditors made no remarks, and urges the EDPS to review its complaint-handling rules.

Key points

  1. Calls on the Committee on Budgetary Control to incorporate these suggestions into its motion for a resolution on the 2022 discharge.
  2. 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 and issue a report.
  3. Notes with satisfaction the EDPS 2022 annual report and emphasises the EDPS role in supervising and advising data processing by European institutions, offices and bodies.
  4. Welcomes the EDPS conference "The Future of Data Protection: Effective Enforcement in the Digital World", which brought over 2 000 participants.
  5. Acknowledges EDPS follow-up on the Schrems II judgement, focused in 2022 on EUIs' contracts with private entities, especially large ICT providers, and arrangements with non-EU/EEA public bodies or international organisations.
  6. Welcomes EDPS training for EUIs and the Memorandum of Understanding signed with ENISA in December 2022.
  7. Welcomes the EDPS participation in the Coordinated Supervision Committee ensuring coordinated supervision of Europol, Eurojust and EPPO.
  8. Notes the General Court order in Case T-578/22 deeming the EDPS action against the amended Europol regulation inadmissible, and that the EDPS cannot rely on the contested provisions' effects on its decision of 3 January 2022.
  9. Welcomes Europol's efforts to address EDPS recommendations, which substantially increased in 2022.
  10. Notes the EDPS follow-up on a citizen's data access request, that the EDPS issued a decision before all facts were checked, and that the decision was challenged by the complainant and Europol.
  11. Acknowledges the EDPS review is suspended pending a national court hearing, and urges the EDPS to review its rules of procedure for timely complaint review and to inform the discharge authority on progress.

Who is affected

  • European Data Protection Supervisor: its 2022 budget discharge, annual report, conference, training, ENISA agreement and complaint handling are assessed.
  • Court of Auditors: called on to include the EDPS annual accounts in its yearly audit and issue a report.
  • Europol: its efforts on EDPS recommendations are welcomed; its challenge to an EDPS decision is noted.
  • European institutions, offices and bodies: receive EDPS supervision, advice and training on data processing.
  • Committee on Budgetary Control: asked to incorporate these suggestions into its discharge motion for resolution.

Figures and deadlines

  • 2022: financial year covered by the discharge and the EDPS annual report.
  • over 2 000 participants: attended the EDPS conference.
  • December 2022: Memorandum of Understanding signed by EDPS and ENISA.
  • 16 September 2022: date the action EDPS v Parliament and Council (Case T-578/22) was brought.
  • 3 January 2022: date of the EDPS decision whose effects are discussed.