Transparence

Comments on the current discussions in Parliament about the revision of Regulation (EC) No 1049/2001 relating to public access

Avis sur le Livre vert de la Commission intitulé "Exécution effective des décisions judiciaires dans l'Union européenne: la transparence du patrimoine des débiteurs" - COM(2008) 128 final, JO C 20, 27.01.2009, p 1

On the 22 September, the EDPS adopted an Opinion on the Commission Green paper on the Effective Enforcement of Judgements in the European Union: the Transparency of Debtors' Assets. The Green paper focuses on possible measures at EU level that can be adopted with a view to improve the transparency of the debtor's assets and the right of creditors to obtain information with a view to effectively enforce their rights whilst respecting the principles for the protection of debtor's privacy pursuant to the provisions of Directive 95/46. The Green paper analyzes in detail the current situation as well as a broad range of possible options to reach these objectives.

The EDPS opinion is mainly aimed at providing guidance with regard to data protection issues that may arise in possible legislative initiatives stemming from this Green paper and complements the public consultation launched by the Commission in March. In particular, the EDPS welcomes the Green paper and the broad consultation to which it has been submitted and recommends that:

• Possible legislative actions stemming from the Green paper should ensure that the processing of personal data carried out by the whole range of enforcement authorities is clearly based on at least one of the legal grounds laid down by Article 7 of Directive 95/46/EC, and in particular its letter c) and/or e);
• The proportionality principle is duly taken into account not only with regard to the data elements to be disclosed by the debtors, but also with regard to other aspects such as the period of time during which the data are stored and disclosed, the entities having access to data, and the modalities of disclosure;
• Any measures on transparency of debtors' assets respect the purpose limitation principle and that any necessary exception would comply with the conditions laid down by Article 13 of Directive 95/46;
• Aspects concerning the provision of information to the debtors, the rights of data subjects, and the security of processing are duly taken into account.

The EDPS will remain available to provide informal comments on draft proposals arising from this Green paper and expects to be consulted on any adopted legislative proposals pursuant to Article 28(2) of Regulation 45/2001.
 

Avis sur la proposition de règlement relatif à l'accès du public aux documents du Parlement européen, du Conseil et de la Commission, JO C 2, 7.01.2009, p. 7

The Opinion reacts on the Commission's proposal aimed at reviewing the rules on public access to documents held by EU institutions. The Opinion focuses on an amended provision dealing with the relation between public access to documents and the protection of personal data. Although the EDPS welcomes the Commission's intention to clarify the delicate interaction between public access and data protection, he feels that the substance of the proposed amendment fails to provide the appropriate answer. He therefore proposes a different provision to stimulate discussions in Parliament and Council.