Rina Steenkamp - Privacy and technology
Chapter VII Co-operation and consistency
Article 59 concerns Commission opinions on matters dealt within the consistency mechanism, which may either reinforce the opinion of the European Data Protection Board or express a divergence with that opinion, and the draft measure of the supervisory authority. Where the matter has been raised by the European Data Protection Board under Article 58(3) it can be expected that the Commission will exercise its discretion and deliver an opinion whenever necessary.
[Source: January 2012 | Context: Proposal from the European Commission]
1. Within ten weeks after a matter has been raised under Article 58, or at the latest within six weeks in the case of Article 61, the Commission may adopt, in order to ensure correct and consistent application of this Regulation, an opinion in relation to matters raised pursuant to Articles 58 or 61.
2. Where the Commission has adopted an opinion in accordance with paragraph 1, the supervisory authority concerned shall take utmost account of the Commission’s opinion and inform the Commission and the European Data Protection Board whether it intends to maintain or amend its draft measure.
3. During the period referred to in paragraph 1, the draft measure shall not be adopted by the supervisory authority.
4. Where the supervisory authority concerned intends not to follow the opinion of the Commission, it shall inform the Commission and the European Data Protection Board thereof within the period referred to in paragraph 1 and provide a justification. In this case the draft measure shall not be adopted for one further month.
[Source: January 2012 | Context: Proposal from the European Commission]
(107) In order to ensure compliance with this Regulation, the Commission may adopt an opinion on this matter, or a decision, requiring the supervisory authority to suspend its draft measure.
[Source: January 2012 | Notes: Recitals | Context: Proposal from the European Commission, Recitals]