Rina Steenkamp - Privacy and technology

My annotated General Data Protection Regulation

[Additional information]

[Directive 95/46/EC]

[Article 29]

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.

It shall have advisory status and act independently.

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.

Article 29(3)

3. The Working Party shall take decisions by a simple majority of the representatives of the supervisory authorities.

Article 29(4)

4. The Working Party shall elect its chairman. The chairman's term of office shall be two years. His appointment shall be renewable.

Article 29(5)

5. The Working Party's secretariat shall be provided by the Commission.

Article 29(6)

6. The Working Party shall adopt its own rules of procedure.

Article 29(7)

7. The Working Party shall consider items placed on its agenda by its chairman, either on his own initiative or at the request of a representative of the supervisory authorities or at the Commission's request.

[Source: Directive 95/46/EC]

Cross-reference

Article 29(1)

Article 29(1) Directive 95/46/ECArticle 64(1) GDPR

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.

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

 Article 65 GDPR

It shall have advisory status and act independently.

1. The European Data Protection Board shall act independently when exercising its tasks pursuant to Articles 66 and 67.

2. Without prejudice to requests by the Commission referred to in point (b) of paragraph 1 and in paragraph 2 of Article 66, the European Data Protection Board shall, in the performance of its tasks, neither seek nor take instructions from anybody.

[Context: Article 64 GDPR, Article 65 GDPR]

Article 29(2)

Article 29(2) Directive 95/46/ECArticle 64(2) GDPR

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 [...]

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(4) GDPR

[...] and of a representative of the Commission.

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. [...]

 Article 64(3) GDPR

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. [...]

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.

[Context: Article 64 GDPR]

Article 29(3)

Article 29(3) Directive 95/46/ECArticle 68(1) GDPR

3. The Working Party shall take decisions by a simple majority of the representatives of the supervisory authorities.

1. The European Data Protection Board shall take decisions by a simple majority of its members, unless otherwise provided in its rules of procedure.

[Context: Article 68 GDPR]

Article 29(4)

Article 29(4) Directive 95/46/ECArticle 69(1) and 69(2) GDPR

4. The Working Party shall elect its chairman. The chairman's term of office shall be two years. His appointment shall be renewable.

1. The European Data Protection Board shall elect a chair and at least two deputy chairpersons from amongst its members.

2. The term of office of the chair and of the deputy chairpersons shall be five years and be renewable.

[Context: Article 69 GDPR]

Article 29(5)

Article 29(5) Directive 95/46/ECArticle 71(1) GDPR

5. The Working Party's secretariat shall be provided by the Commission.

1. The European Data Protection Board shall have a secretariat. The European Data Protection Supervisor shall provide that secretariat.

[Context: Article 71 GDPR]

Article 29(6)

Article 29(6) Directive 95/46/ECArticle 68(2) GDPR

6. The Working Party shall adopt its own rules of procedure.

2. The European Data Protection Board shall adopt its own rules of procedure [...]

[Context: Article 68 GDPR]

Article 29(7)

Article 29(7) Directive 95/46/ECArticle 70(1) point (a) GDPR

7. The Working Party shall consider items placed on its agenda by its chairman, either on his own initiative or at the request of a representative of the supervisory authorities or at the Commission's request.

1. The chair shall have the following tasks:

  • (a) to convene the meetings of the European Data Protection Board and prepare its agenda;

[Context: Article 70 GDPR]