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Europe Daily Bulletin No. 9839
Contents Publication in full By article 11 / 33
GENERAL NEWS / (eu) eu/jha

Review process of data protection directive is questionable, says Alex Türk

Brussels, 12/02/2009 (Agence Europe) - The composition of the group of experts tasked by the European Commission to reflect on review of the 1995 European directive on the protection of personal data is brought very much into question by Alex Türk, Chairman of the Article 29 Data Protection Working Party, the umbrella group for all European data protection supervisory authorities. Addressing the European affairs committee of the French Senate, on 3 February, Mr Türk said: “The composition of this group of experts raises many questions. It is in fact composed of five people, four of whom are from American companies or law firms whose main offices are also located in the United States. One member of the group is from Europe”. This concern is shared by all of the other authorities from EU member states, except the United Kingdom, Mr Türk said. He pointed out that, in order to justify the composition of the group, the Commission has said that the concept of nationality is now “a thing of the past” and that it is above all important to find competent specialists. Türk nonetheless explained that Commissioner Jacques Barrot had recognised in person that this situation was “abnormal”. Mr Barrot therefore floated the idea of founding the group of experts in a broader consultation process, he added, specifying that there was no confirmation at this stage that the idea would be implemented. The situation is all the more problematical as, as Mr Türk recalled in November 2008, the United States has neither independent control authority nor the fundamental law required, which are the two fundamental criteria upheld by the European Commission and by the Article 29 group. Considering the composition of the group of experts “unacceptable”, the French Senate's European affairs committee has submitted a proposal for a European resolution and expresses surprise, saying: “Is it reasonable to entrust American experts with the task of proposing a legal concept to the European Commission for reconciling the American vision with the European vision? Are we to assume it is not possible to find European experts competent to do this?” The group of experts is responsible for making proposals to the European Commission on review of the 1995 directive, but also on the question of data protection in matters coming under police and legal cooperation (EUROPE 9800). (B.C./transl.jl)

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