Brussels, 20/06/2012 (Agence Europe) - The European Data Protection Supervisor (EDPS) had a busy year in 2011 and formulated a record number of legislative opinions (24). 2012 is expected to be just as busy. The main dossier will definitely be the recasting of the European personal data protection framework, which was presented on 25 January by Commissioner Viviane Reding. This was the observation made on Wednesday morning in Brussels by European Data Protection Supervisor Peter Hustinx during the publication of the 2011 annual EDPS report. The year will be marked by a number of different positions taken in a variety of areas, ranging from home affairs, the Digital Agenda, healthcare and regulation of the financial sector. In 2011, the institution also began the practice of in-the-field inspections. The EDPS visited four different agencies, such as OLAF and even the European Central Bank. The idea behind these inspections (which are often made following complaints) is to ensure that European institutions and agencies respect the provisions on data protection and appropriately implement the Supervisor's recommendations. In 2012, six agencies will be inspected.
The main area on which Peter Hustinx will focus his efforts, however, will remain the revision of the 1995 directive on personal data protection. This will establish a whole new framework that will be followed by member states, companies, the public authorities of member states and the European institutions. In February, the EDPS welcomed this reform, which, if it is carried out accordingly and the shortcomings identified are corrected, will constitute real progress for Europeans' data, explained Peter Hustinx on Wednesday. Nonetheless, several concerns still remain and are seriously worrying the EDPS at the present time. These involve the directive on the protection of personal data processed for reasons relating to the prevention and detection of criminal offences, investigations and proceedings in this area, which will replace the 2008 framework decision. The EDPS was shocked by the lack of appetite displayed by certain member states regarding a revision of this framework decision because the states in question believe that Commissioner Reding was going too far and possibly encroaching on certain national practices. Peter Hustinx believes it would be regrettable not to move forward on this directive and above all to lose ground on the most promising aspects in terms of strengthening citizens' rights. The European Data Protection Supervisor (EDPS) has also expressed concern this time about the regulation revising the 1995 text as member states are reticent believing the regulation to be over prescriptive.
The EDPS is involved in other major subjects too, including the ACTA anti-counterfeiting agreement and the data retention directive (telephone/internet) as part of the fight against terrorism, which currently opposes Commission to Germany. The Commission has pledged to revise the instrument in 2012 but in the meantime demands that Berlin transpose the initial 2006 text into national law. Peter Hustinx is keeping a watchful eye on this last point. The EDPS had taken a stance against the directive at the time and the revision announced comes as good news. The EDPS considers this exercice will provide an opportunity to raise key questions, especially those affecting the need for such an instrument and its real objectives. (SP/transl.jl)