Rina Steenkamp - Privacy and technology

My annotated General Data Protection Regulation

Chapter VII Co-operation and consistency

Section 2 Consistency

Article 59 Opinion by the Commission - Deleted

October 2013

Article 59

[Deleted.]

[Source: October 2013]

Recital 107

[Deleted.]

[Source: October 2013 | Notes: Recitals | Context: Recitals]

January 2012

Explanatory memorandum

3.4. Detailed explanation of the proposal

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]

Article 59(1) [Deleted: October 2013]

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.

Article 59(2) [Deleted: October 2013]

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.

Article 59(3) [Deleted: October 2013]

3. During the period referred to in paragraph 1, the draft measure shall not be adopted by the supervisory authority.

Article 59(4) [Deleted: October 2013]

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]

Recital 107 [Deleted: October 2013]

(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]