Brussels, 08/12/2009 (Agence Europe) - On Monday 7 December, European Data Protection Supervisor (EDPS) Peter Hustinx, appealed for a “cautious and restrictive approach” with regard to setting up an agency responsible for the operational management of large scale information systems in the domain of freedom, security and justice (EUROPE 9928). In an opinion, the EDPS underlined the advantages of setting up an agency for the operational management of certain large-scale IT systems, since it clarifies issues of liability and applicable law. He also underlined, however, that such an agency should only be established if the scope of its activities and its responsibilities are clearly defined. This is crucial to avoid the risk of function
creep or the misuse of personal data (e.g. expansion of the agency's functions, data received for a precise goal but used for other purposes), he explained. Proposals would not correspond to these conditions in the current perspectives. Mr Hustinx asserted that the point of departure should not be to bring as many large-scale IT systems as possible under the management of one agency. Only after having acquired experience and followed a positive evaluation of its functioning, could other large-scale IT systems be brought under the responsibility of the agency. In order to improve the proposal, the EDPS recommends the legislator to: - clarify whether the scope of activities of the agency is limited to policies on border checks, asylum and immigration, or whether it should potentially cover all large-scale IT systems developed in the area of freedom, security and justice; - clarify the notion of large-scale IT systems within this framework, and make clear whether it is limited to such systems which store data in a centralised database for which the Commission or the agency is responsible. (B.C./transl.fl)