Selection of EDPS and Assistant Supervisor - Parliament and Council

Opinion of 21 October 2008 on the selection of European Data Protection Supervisor and Assistant Supervisor (Cases 2008-280 and 2008-292)

In accordance with Article 42(1) of Regulation (EC) 45/2001 of the European Parliament and of the Council on the protection of personal data by Community institutions and bodies and on the free movement of such data, the European Parliament and the Council shall appoint by common accord, the EDPS for a term of five years on the basis of a list drawn up by the Commission following a public call for candidates. An Assistant Supervisor shall be appointed in accordance with the same procedure and for the same period.

The prior check opinion of the EDPS focused on the selection procedure of the EDPS and Assistant EDPS at the European Parliament and Council following the transmission of the shortlist of candidates by the European Commission.

The EDPS concluded that there is no reason to believe that there is a breach of the provisions of Regulation 45/2001 provided that information is provided to the candidates notably on the identity of the controller at the European Parliament and at the Council; on the categories of data processed; on the recipients or categories of recipients; on the existence of a right of access and of rectification for the data processed by the European Parliament or the Council and the possible restrictions to these rights and the conservation periods in each institution.