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

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SUGGESTIONS

The Committee on Civil Liberties, Justice and Home Affairs calls on the Committee on Budgetary Control, as the committee responsible, to incorporate the following suggestions into its motion for a resolution:

1. Notes that the Court of Auditors’ report on the implementation of the budget concerning the financial year 2022 does not contain any remarks about the European Data Protection Supervisor (EDPS); reiterates its call on the Court to include the annual accounts of the EDPS in its yearly audit and issue a report, considering the importance of transparency for the proper functioning of all Union bodies;

2. Notes with satisfaction the 2022 annual report published by the EDPS; emphasises the role of EDPS with supervising and advising the data processing operations of European institutions, offices and bodies (EUIs); welcomes the conference “The Future of Data Protection: Effective Enforcement in the Digital World”, organised by EDPS, bringing over 2 000 participants, discussing how to safeguard effectively individuals’ rights to privacy and data protection;

3. Acknowledges the follow up actions by EDPS on the Schrems II judgement, especially focusing in 2022 on the EUIs’ contracts with private entities, in particular large ICT providers, and on arrangements between EUIs and non-EU/EEA public bodies or international organisations;

4. Welcomes the training provided to EUIs, the Memorandum of Understanding signed by EDPS and the European Union Agency for Cybersecurity (ENISA) in December 2022; welcomes specifically the EDPS’s participation in the Coordinated Supervision Committee (CSC) ensuring the coordinated supervision of Europol, Eurojust and EPPO;

5. Notes the order of the General Court of the Court of Justice of the European Union in Action brought on 16 September 2022 - EDPS v Parliament and Council (Case T-578/22) by which the action against the amended Europol regulation was deemed inadmissible; further recalls, as regards any effects of the contested provisions on the EDPS’s decision of 3 January 2022, the EDPS cannot rely on them, since an administrative decision cannot affect legislative acts, or affect the content thereof; welcomes the efforts by Europol to address EDPS recommendations which substantially increased in 2022;

6. Notes the follow-up done by the EDPS regarding the citizen’s data access request; highlights that EDPS issued a decision in the case before all facts had been checked and established; notes with concern that the EDPS decision has been challenged by both the complainant and Europol; acknowledges that the EDPS review is currently suspended due to the matter being heard by a national Court; urges EDPS to review its rules of procedure of ensuring and timely review of complaints by citizens, taking into account all relevant information and to inform the discharge authority on the progress made in this area;