Rina Steenkamp - Privacy and technology

My annotated General Data Protection Regulation

Chapter VII Co-operation and consistency

Section 3 European Data Protection Board

Article 64 European Data Protection Board

October 2013

Article 64(1)

1. A European Data Protection Board is hereby set up.

Article 64(2)

2. The European Data Protection Board shall be composed of the head of one supervisory authority of each Member State and of the European Data Protection Supervisor.

Article 64(3)

3. Where in a Member State more than one supervisory authority is responsible for monitoring the application of the provisions pursuant to this Regulation, they shall nominate the head of one of those supervisory authorities as joint representative.

Article 64(4)

4. The Commission shall have the right to participate in the activities and meetings of the European Data Protection Board and shall designate a representative. The chair of the European Data Protection Board shall, without delay, inform the Commission on all activities of the European Data Protection Board.

[Source: October 2013]

Recital 110

(110) At Union level, a European Data Protection Board should be set up. It should replace the Working Party on the Protection of Individuals with Regard to the Processing of Personal Data established by Directive 95/46/EC. It should consist of a head of a supervisory authority of each Member State and of the European Data Protection Supervisor. The European Data Protection Board should contribute to the consistent application of this Regulation throughout the Union, including by advising the institutions of the Union and promoting cooperation of the supervisory authorities throughout the Union, including the coordination of joint operations. The European Data Protection Board should act independently when exercising its tasks. The European Data Protection Board should strengthen the dialogue with concerned stakeholders such as data subjects’ associations, consumer organisations, data controllers and other relevant stakeholders and experts.

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

January 2012

Explanatory memorandum

3.4. Detailed explanation of the proposal

Article 64 establishes the European Data Protection Board, consisting of the heads of the supervisory authority of each Member State and of the European Data Protection Supervisor. The European Data Protection Board replaces the Working Party on the Protection of Individuals with regard to the Processing of Personal Data set up under Article 29 of Directive 95/46/EC. It is clarified that the Commission is not a member of the European Data Protection Board, but has the right to participate in the activities and to be represented.

[Source: January 2012 | Context: Proposal from the European Commission]

Article 64(1)

1. A European Data Protection Board is hereby set up.

Article 64(2)

2. The European Data Protection Board shall be composed of the head of one supervisory authority of each Member State and of the European Data Protection Supervisor.

Article 64(3)

3. Where in a Member State more than one supervisory authority is responsible for monitoring the application of the provisions pursuant to this Regulation, they shall nominate the head of one of those supervisory authorities as joint representative.

Article 64(4)

4. The Commission shall have the right to participate in the activities and meetings of the European Data Protection Board and shall designate a representative. The chair of the European Data Protection Board shall, without delay, inform the Commission on all activities of the European Data Protection Board.

[Source: January 2012 | Context: Proposal from the European Commission]

Recital 110 [Amended: October 2013]

(110) At Union level, a European Data Protection Board should be set up. It should replace the Working Party on the Protection of Individuals with Regard to the Processing of Personal Data established by Directive 95/46/EC. It should consist of a head of a supervisory authority of each Member State and of the European Data Protection Supervisor. The Commission should participate in its activities. The European Data Protection Board should contribute to the consistent application of this Regulation throughout the Union, including by advising the Commission and promoting cooperation of the supervisory authorities throughout the Union. The European Data Protection Board should act independently when exercising its tasks.

[Source: January 2012 | Notes: Recitals | Context: Proposal from the European Commission, Recitals]

Directive 95/46/EC

Cross-reference

General Data Protection Regulation:Directive 95/46/EC:
Article 64(1)Article 29(1)
Article 64(2)Article 29(2)
Article 64(3)Article 29(2)
Article 64(4)Article 29(2)

Chapter VI Supervisory authority and Working Party on the Protection of Individuals with regard to the Processing of Personal Data

Article 29 Working Party on the Protection of Individuals with regard to the Processing of Personal Data

Article 29(1)

1. A Working Party on the Protection of Individuals with regard to the Processing of Personal Data, hereinafter referred to as 'the Working Party', is hereby set up.

[...]

Article 29(2)

2. The Working Party shall be composed of a representative of the supervisory authority or authorities designated by each Member State and of a representative of the authority or authorities established for the Community institutions and bodies, and of a representative of the Commission.

Each member of the Working Party shall be designated by the institution, authority or authorities which he represents. Where a Member State has designated more than one supervisory authority, they shall nominate a joint representative. The same shall apply to the authorities established for Community institutions and bodies.