Rina Steenkamp - Privacy and technology
Chapter VII Co-operation and consistency
Section 3 European Data Protection Board
Article 66 Tasks of the European Data Protection Board
October 2013
Article 66(1)
1. The European Data Protection Board shall ensure the consistent application of this Regulation. To this effect, the European Data Protection Board shall, on its own initiative or at the request of the European Parliament, Council or Commission, in particular:
- (a) advise the European Institutions on any issue related to the protection of personal data in the Union, including on any proposed amendment of this Regulation;
- (b) examine, on its own initiative or on request of one of its members or on request of the European Parliament, Council or Commission, any question covering the application of this Regulation and issue guidelines, recommendations and best practices addressed to the supervisory authorities in order to encourage consistent application of this Regulation, including on the use of enforcement powers;
- (c) review the practical application of the guidelines, recommendations and best practices referred to in point (b) and report regularly to the Commission on these;
- (d) issue opinions on draft decisions of supervisory authorities pursuant to the consistency mechanism referred to in Article 57;
- (da) provide an opinion on which authority should be the lead authority pursuant to Article 54a(3);
- (e) promote the co-operation and the effective bilateral and multilateral exchange of information and practices between the supervisory authorities, including the coordination of joint operations and other joint activities, where it so decides at the request of one or several supervisory authorities;
- (f) promote common training programmes and facilitate personnel exchanges between the supervisory authorities, as well as, where appropriate, with the supervisory authorities of third countries or of international organisations;
- (g) promote the exchange of knowledge and documentation on data protection legislation and practice with data protection supervisory authorities worldwide.
- (ga) give its opinion to the Commission in the preparation of delegated and implementing acts based on this Regulation;
- (gb) give its opinion on codes of conduct drawn up at Union level pursuant to Article 38(4);
- (gc) give its opinion on criteria and requirements for the data protection certification mechanisms pursuant to Article 39(9).
- (gd) maintain a public electronic register on valid and invalid certificates pursuant to Article 39(8);
- (ge) provide assistance to a national supervisory authorities, at their request;
- (gf) establish and make public a list of the processing operations which are subject to prior consultation pursuant to Article 34;
- (gg) maintain a registry of sanctions imposed on controllers or processors by the competent supervisory authorities.
Article 66(2)
2. Where the European Parliament, Council or Commission requests advice from the European Data Protection Board, it may lay out a time limit within which the European Data Protection Board shall provide such advice, taking into account the urgency of the matter.
Article 66(3)
3. The European Data Protection Board shall forward its opinions, guidelines, recommendations, and best practices to the European Parliament, Council and Commission and to the committee referred to in Article 87 and make them public.
Article 66(4)
4. The Commission shall inform the European Data Protection Board of the action it has taken following the opinions, guidelines, recommendations and best practices issued by the European Data Protection Board.
Article 66(4a)
4a. The European Data Protection Board shall, where appropriate, consult interested parties and give them the opportunity to comment within a reasonable period. The European Data Protection Board shall, without prejudice to Article 72, make the results of the consultation procedure publicly available.
Article 66(4b)
4b. The European Data Protection Board shall be entrusted with the task of issuing guidelines, recommendations and best practices in accordance with paragraph 1 (b) for establishing common procedures for receiving and investigating information concerning allegations of unlawful processing and for safeguarding confidentiality and sources of information received.
[Source: October 2013]
January 2012
Explanatory memorandum
3.4. Detailed explanation of the proposal
Article 66 describes the tasks of the European Data Protection Board, based on Article 30(1) of Directive 95/46/EC, and provides for additional elements, reflecting the increased scope of activities of the European Data Protection Board, within the Union and beyond. In order to be able to react in urgent situations, it provides the Commission with the possibility to ask for an opinion within a specific time-limit.
[Source: January 2012 | Context: Proposal from the European Commission]
Article 66(1) [Amended: October 2013]
1. The European Data Protection Board shall ensure the consistent application of this Regulation. To this effect, the European Data Protection Board shall, on its own initiative or at the request of the Commission, in particular:
- (a) advise the Commission on any issue related to the protection of personal data in the Union, including on any proposed amendment of this Regulation;
- (b) examine, on its own initiative or on request of one of its members or on request of the Commission, any question covering the application of this Regulation and issue guidelines, recommendations and best practices addressed to the supervisory authorities in order to encourage consistent application of this Regulation;
- (c) review the practical application of the guidelines, recommendations and best practices referred to in point (b) and report regularly to the Commission on these;
- (d) issue opinions on draft decisions of supervisory authorities pursuant to the consistency mechanism referred to in Article 57;
- (e) promote the co-operation and the effective bilateral and multilateral exchange of information and practices between the supervisory authorities;
- (f) promote common training programmes and facilitate personnel exchanges between the supervisory authorities, as well as, where appropriate, with the supervisory authorities of third countries or of international organisations;
- (g) promote the exchange of knowledge and documentation on data protection legislation and practice with data protection supervisory authorities worldwide.
Article 66(2) [Amended: October 2013]
2. Where the Commission requests advice from the European Data Protection Board, it may lay out a time limit within which the European Data Protection Board shall provide such advice, taking into account the urgency of the matter.
Article 66(3) [Amended: October 2013]
3. The European Data Protection Board shall forward its opinions, guidelines, recommendations, and best practices to the Commission and to the committee referred to in Article 87 and make them public.
Article 66(4)
4. The Commission shall inform the European Data Protection Board of the action it has taken following the opinions, guidelines, recommendations and best practices issued by the European Data Protection Board.
[Source: January 2012 | Context: Proposal from the European Commission]
Directive 95/46/EC
Chapter VI Supervisory authority and Working Party on the Protection of Individuals with regard to the Processing of Personal Data
Article 30
Article 30(1)
1. The Working Party shall:
- (a) examine any question covering the application of the national measures adopted under this Directive in order to contribute to the uniform application of such measures;
- (b) give the Commission an opinion on the level of protection in the Community and in third countries;
- (c) advise the Commission on any proposed amendment of this Directive, on any additional or specific measures to safeguard the rights and freedoms of natural persons with regard to the processing of personal data and on any other proposed Community measures affecting such rights and freedoms;
- (d) give an opinion on codes of conduct drawn up at Community level.
Article 30(3)
3. The Working Party may, on its own initiative, make recommendations on all matters relating to the protection of persons with regard to the processing of personal data in the Community.
Article 30(4)
4. The Working Party's opinions and recommendations shall be forwarded to the Commission and to the committee referred to in Article 31.
Article 30(5)
5. The Commission shall inform the Working Party of the action it has taken in response to its opinions and recommendations. It shall do so in a report which shall also be forwarded to the European Parliament and the Council. The report shall be made public.
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