Tag Archives: Peter Hustinx

Peter Hustinx expressed “serious concerns” in a letter to EU officials regarding the appointment of the new EDPS

The mandate of Peter Hustinx as European Data Protection Supervisor will end on January 16. Mr. Hustinx will thus finish his second five year term as EDPS, leaving behind a strong legacy. The question is: who will further take care of this legacy?

In a letter sent to EU officials and published on January 7, Mr. Hustinx expresses “serious concerns about the procedure for the selection and appointment of a new European Data Protection Supervisor and Assistant Supervisor”, because “at this stage, it is highly unlikely that the appointment of a new Supervisor and Assistant Supervisor will take place either before or shortly after this date (January 16)”.

According to Article 42(1) of Regulation 45/2001, “The European Parliament and the Council shall appoint by common accord the European Data Protection Supervisor for a term of five years, on the basis of a list drawn up by the Commission following a public call for candidates“.

Article 42(2) of the Regulation states that “The European Data Protection Supervisor shall be chosen from persons whose independence is beyond doubt and who are acknowledged as having the experience and skills required to perform the duties of European Data Protection Supervisor, for example because they belong or have belonged to the supervisory authorities referred to in Article 28 of Directive 95/46/EC“.

According to Pcworld.com, although the call for candidates went out last year, Commission spokesman Antony Gravili said that “the selection panel concluded that none of the candidates had the qualities that are needed for the job.”

Mr. Hustinx considers that this fact “opens the perspective of a period of uncertainty as to when the new team of Supervisors will be appointed”. 

He continues with the view that “This uncertainty and the possibly long delays that may be involved, as well as their different consequences, are likely to harm the effectiveness and the authority of the EDPS over the coming months. The EU is presently in a critical period for the fundamental rights of privacy and data protection, and a strong mandate is required to provide the authority to ensure that these fundamental rights are fully taken into account at EU level. In this respect, I would recall that the operation of a fully effective independent control authority is an essential feature of that right, as set out in Article 8 of the Charter and Article 16 of the Treaty”.

In this context, Mr. Hustinx sent the letter to Mr. Maros Sefcovic, vice-president of the European Commission, Mr. Juan Fernando Aguilar, Chairman of the European Parliament’s Committee on Civil Liberties, Justice and Home Affairs and to Ambassador Theodors N. Sotiropoulos, Permanent Representative of Greece (as Greece recently took over the 6 months presidency of the European Council), asking them “to take all the steps necessary to ensure that a new Supervisor and Assistant Supervisor will be appointed as soon as possible”.


See also

IAPP’s Angelique Carson published an informative piece about Mr. Hustinx’s legacy in December on privacyassociation.org, which I invite you to read HERE.


Computers, Privacy and Data Protection 2013 Conference to start in Brussels on 23rd January 2013


One of the most expected privacy and data protection conferences worldwide is set to start on 23rd January 2013 in Brussels – the Computers, Privacy and Data Protection Conference. It will last for three days, having an extremely tempting programme each day.  Among the confirmed speakers one can find Françoise Le Bail, Director General DG Justice at the European  Commission, Peter Hustinx, the European Data Protection Supervisor, Paul de Hert, Vrije Universitait Brussels, Lillie Coney, Associate Director Electronic Privacy Information Center (EPIC), Gary T. Marx, professor emeritus MIT, and Mireille Hildebrandt, Senior Researcher at LSTS, Vrije Universiteit Brussels.

You will find the programme of the conference here: http://www.cpdpconferences.org/CPDP2013.html#top



VIDEO. EDPS Peter Hustinx on Data Protection Reform

European Data Protection Supervisor, Peter Hustinx, is spoke at a March 27 event organized by American Chamber of Commerce in France and sponsored by Hogan Lovells.

The main ideas of his speech:

  • Main reasons for the need of a new data protection regulation:

1. there is a need to update the current framework

2. the current framework have given rise to increasing diversity, complexity and we have ended up with 27 versions of same basic principles and that is simply too much

3. a new constitutional institutional framework, the Lisbon Treaty, that entered into force with a strong emphasis among fundamental rights, among them the right to data protection

  • The new regulation is stronger, more effective, more consistent and more comprehensive.
  • The exchange of data from private to public sectors is increasing, and will have some practical consequences [this is why the EDPS criticizes the new Directive destined for the judicial collection of data].
  • Ideas about the Regulation:

1. in spite of all the innovations, there is a lot of continuity; all the basic concepts will continue to exist.

2. innovation comes mainly in making it work in practice, by strengthening the role of the people.

3. data subject’s rights have been confirmed and extended; there is more emphasis in transparency.

4. the biggest emphasis is on the responsibility of big organizations

5. Legal security has been enhanced. There is an enormous amount of simplification.

6. The international dimensions of this regulation: The scope of the regulation has been clarified and extended. This provisions apply when from outside, a third country, services are delivered on the European market or when the behavior of Europeans is monitored. I think this is a realistic approach.

  • Overall, it is very welcomed proposal. The criticism I issued relates more to the directive.