Challenges and Cooperation in Data Protection: Enhancing DPO-EDPS Collaboration
Delve into the challenges faced by Data Protection Officers (DPOs) and the European Data Protection Supervisor (EDPS) in their roles, focusing on maintaining independence, managing resources, and fostering effective cooperation. Explore key topics discussed, including role expectations, forms of collaboration, and proposals for enhancement. The need for good cooperation, mutual goals, and addressing issues of independence within EU institutions are central themes. Discover insights on partnership dynamics, regulatory application, and the evolving landscape of data protection within the European framework.
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Presentation Transcript
COOPERATION DPO- EDPS 28/02/2025 1
IN COMMON: MUTUAL GOAL: STRONGER DP WITHIN EU INSTITUTIONS, AGENCIES AND BODIES 28/02/2025 2
Topics discussed today 1. Role of the DPO-EDPS: expectations/frustrations (Presentation from EDPS and DPOs) 2. Forms of cooperation and practical issues related to those: what is working well/not 3. Independence of the DPO and issues related 4. Proposals/ideas to enhance cooperation Rules of the discussion: - Chatham house rules - Open and frank discussion - Frustrations and concerns can be shared - Respect - Aim is to find constructive way forward 28/02/2025 3
DPO Challenges Data protection as the exclusive responsibility of the DPO v accountability principle EDPS could help there! accountability visits The DPO as a bureaucratic obstacle (show stopper) Maintaining a constructive relationship with the controller, particularly when operational needs are at stake Lack of time /resources for all tasks/conflicting priorities Balancing the interests of the controller when acting as contact point with data subjects and supervisory authorities 28/02/2025 4
Needs for good cooperation - More stability in contact persons + need to develop deeper knowledge and understanding of the work of the JHA agencies (purpose of the new sector) Need to operate within predictable and shor(ter) timeframes in operational context To be further discussed Mutual warning system Heads up system for DPOs + communication to controller cc DPO (case by case approach) DPO can only be as strong as the cooperation with EDPS. At the same time the EDPS needs the DPO as facilitator of cooperation with the agencies to ensure proper information flow EDPS has a key role in ensuring involvement of DPO (lead by example) - - - - =Role of DPO should be acknowledged as a central element of application of regulation 2018/1725 and other specific legal instruments 28/02/2025 7
Independence issues Concept of involvement of DPO Sufficient resources to carry out (additional) tasks Position of DPO and staff regulations: objectives, KPIs, dismissal Discussion will continue within this working group EDPS-JHA agencies DPOs 28/02/2025 8
