The European Data Protection Supervisor
The Commission for the protection of privacy ensures that the fundamental right to personal data protection is respected in accordance with the Belgian Law of 8 December 1992 (the Privacy Law), just as its European counterparts do in each of the 27 EU Member States in light of their national regulations. The European Data Protection Supervisor (EDPS) is an independent authority of the same nature that ensures the respect of the right to data protection in the European Union's administration pursuant to Regulation 45/2001.
The EDPS's principal mission is to protect individuals whose data are processed by EU institutions or bodies – such as the European Commission, the Council and the Parliament but also the Court of Justice, the Committee of the Regions or the European Investment Bank – as well as to advise these bodies about matters related to data protection in a whole range of areas of activity.
In the framework of its supervisory competences, the EDPS receives complaints from EU staff members and other people who feel that their personal data have been mishandled by a Community institution or body. Conversely, EDPS has no competence for matters at national level.
The EDPS's consultative role relates to proposals for new legislation as well as soft law instruments like communications that affect personal data protection in the EU. His opinions are public and can be consulted on the EDPS web site. The EDPS also makes comments, sends letters and gives presentations on specific topics, for instance before Committees of the European Parliament. The final instrument the EDPS has at his disposal is the possibility to intervene in cases before the Court of Justice of the European Communities in Luxembourg, and before the Court of First Instance and the Civil Service Tribunal.
The third leg of the EDPS's activities can best be described as "Cooperation ". It covers work on specific issues, as well as more structural collaboration together with other data protection authorities. The central forum for cooperation in the EU is the Article 29 Working Party, which the Commission for the protection of privacy is also a member of. EDPS also participates in the work to ensure good data protection in the EU's third pillar, which covers police and judicial cooperation. This includes attending a number of meetings of the Working Party on Police and Justice, which the Commission for the protection of privacy, once again, is a member of.
Since 2004, the EDPS has ensured supervision of Eurodac's central unit, a database containing the fingerprints of asylum seekers illegally present on EU territory.
