Brussels, 01/04/2005 (Agence Europe) - The European Data Protection Supervisor (EDPS) is an independent control authority established by EC Regulation No. 45/2001. His main task is to ensure the protection of the fundamental rights and freedoms of physical persons with regard to data protection of a personal nature by European institutions and organs. Chaired by Dutch national Peter J. Hustinx, the authority has a budget of EUR 2.8 million and a workforce of 20. It has three duties - controlling, consulting and cooperating. 2004 was the year the authority was started up and got going, and the first activity report sets out the EDPS's first steps and lists priorities for 2005.
In 2004, the authority started checking EU measures concerning the processing of personal data by EU institutions and bodies. The European Court of Justice has no control over the exercise of these jurisdictional functions. The EDPS has made four prior checks on operations not yet underway, and 100 a posteriori checks on operations which began before the EDPS was set up in January 2004. It has received 51 requests for information or consultation. Based on its acquired experience, it is currently preparing a practical guide to processing complaints (eight were made in 2004). The EDPS will be publishing a policy document on the link between public access to documents and data protection, an area believed by Community institutions and bodies to be problematic. Since 2004, the EDPS has been made the competent control authority for the central unit of Eurodac. This system compares fingerprints of asylum seekers for the purposes of the 1990 Dublin Convention.
In terms of consultation, the EDPS advises Community institutions and bodies on its own initiative or in response to external consultation. The Commission has to consult it every time it adopts legislative proposals covering the authority's area of competence. At the end of October 2004, the EDPS published its first formal opinion on a draft regulation of the EP and the Council concerning mutual administrative assistance to protect the Community's financial interests from fraud and any other illegal activities [COM (2004) 509]. It is currently drawing up a policy document setting out its views of its role as an advisor.
In the domain of cooperation, since January 2004 the EDPS has been taking part in meetings of the Article 29 Group. Established under Article 29 of Directive 95/46/EC, the group is made up of representatives of Member States and the Commission. It issues independent opinions on data protection and helps draft harmonised policy in this connection. The EDPS also cooperates with the common control authorities of Europol, Schengen, Eurojust and the Customs Information System. The 2004 annual report notes an urgent need to establish a common code of conduct.
Alongside the above-mentioned documents under preparation, the EDPS has set itself a number of other tasks and objectives for 2005: - extending the network of data projection delegates in European institutions and bodies (a summary document on their role is being prepared); intensifying information policy by publishing multilingual brochures, a newsletter and expanding the website (http: //http://www.edps.eu.int/ ); - increasing the number of prior checks (a policy document is being prepared); laying the foundations of a verification method for respect of Regulation (EC) No. 45/2001 by Community institutions and bodies (impromptu checks are under consideration); - establishing data processing guidelines for the transfer and billing of various types of electronic communication in the European institutions; - paying particular attention to establishing a coherent legal framework in the framework of the third pillar of the EU (intergovernmental pillar); and - increasing the EDPS's resources.