Brussels, 19/05/2010 (Agence Europe) - On Tuesday 18 May, European Data Protection Supervisor (EDPS) Peter Hustinx expressed concern that the proposal to strengthen FRONTEX, the EU's agency for cooperation at its external borders, does not specify the extent to which the agency will be allowed to process the personal data of migrants picked up. “I am surprised to see that the proposal is silent about the processing of personal data by FRONTEX, all the more so as the new legal framework in which FRONTEX is to operate in the near future is changing so fundamentally,” Hustinx said, adding, “It is essential to lay down clear rules on data protection and provide for a clarification of the conditions and circumstances under which data processing by FRONTEX could take place”. The EDPS believes that the proposed regulation should clearly address the question of the scope of activities that may give rise to the processing of personal data by FRONTEX. A specific legal basis, subject to strong data protection safeguards and in accordance with the proportionality and necessity principles, is needed, he argued. He said that the Commission's reluctance to specify this legal basis in the proposed regulation, or to clearly state the date by when it would do so, raised serious concerns. This approach could lead to undesirable legal uncertainty and a significant risk of non-compliance with data protection rules and safeguards, he warned. In February, the European Commission presented a proposal to amend the regulation establishing FRONTEX, in order to strengthen the agency's operational capabilities. One of the measures provided for in the proposal was to allow FRONTEX itself to coordinate joint operations for returning migrants to their countries of origin (see EUROPE 10084 and 10085). (B.C./transl.rt)