European commisioner for data protection / Data security authority

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The European commisioner for data protection is an independent authority of the European community, which the EEC organs and - mechanisms data security-legally advises and supervises. It has its seat in Brussels.

The European commisioner for data protection is since 2004 besides member of the international conference of the assigned ones for the data security and the protection of the

Acting European commisioner for data protection is the Dutchman Peter Johan Hustinx. Its deputy is the Spaniard Bayo Delgado.

History

In June 1997 the member states of the European community in the contract so mentioned informed themselves about Amsterdam on the mechanism of an independent board of control for the data security. In addition the contract became the establishment of the European community around a new article 213b (today: Article 286) supplements.

In articles 213b it was specified that the EEC data security regulations effective 1 January 1999 no longer only to the member states, but also to the organs and mechanisms of the European community to apply. Up to this time the advice of the European union should furnish an independent instance to the data protection supervision.

With the present contract Treaty the member states pursued the goal of strengthening as insufficiently felt data security on community level. Because although the European community had at that time already issued several data security guidelines, which had been converted by the members, was the EEC organs and - institutions themselves not to these guidelines bind.

It did not succeed to the advice to convert the defaults of the article 213b within the prescribed period. The new data security authority was only furnished by the EEC regulation 45/2001 from 18 December 2001. It received the designation of European commisioners for data protection (European DATA Protection supervisor).

On 22 December 2003 appointed the European parliament and the advice the president at that time of the Netherlands data security place Peter Johan Hustinx the first European commisioner for data protection. For his deputy (assistant supervisor or Deputy supervisor) the Spanish judge Bayo Delgado was intended.

Among data security experts the appointment was welcomed by Hustinx. Originally Delgado for the office of the European commisioner for data protection had been intended, although he could not show experiences in the area of the data security contrary to Hustinx.

Hustinx and Delgado are since 17 January 2004 in the office. Their term of office takes five years.

Tasks

The European commisioner for data protection has to guarantee that the organs and mechanisms of the European community respect the fundamental rights and basic liberties of natural persons, in particular their right to with the processing of personal data.

This task it is to fulfill by data security-legal consultation and control of the EEC organs and - to institutions. In addition rights of access and information are entitled to it. Besides large interference and arrangement rights were granted to the European commisioner for data protection opposite the community organs and - mechanisms: It can forbid inadmissible data processing, let illegally stored data delete and admonish or warn the responsible persons. Besides it can join pending data security-legal procedures with the EuGH.

The European commisioner for data protection is at the same time partner for persons, who itself by measures of the EEC organs or - institutions in their rights, in particular in their right to specified in article 286 EEC contract, feel hurt. Also the coworkers of the organs and mechanisms can contact without adherence to the official routine at any time it.

The function of the European commisioner for data protection is comparable with it to that German Federal Commissioners for the data security.

The European commisioner for data protection is to co-operate with the national data security authorities - in Germany thus with the federal commisioner for data protection and the national commisioner for data protection -. It is however not transferred to the national data security authorities or opposite them instruction-entitled. Its powers are exclusively limited to the European community as supranational organization.

It is member of the Artikel-29-Datenschutzgruppe in such a way specified, the consulting committee of the European community in affairs of data security.

The tasks of the European commisioner for data protection are described in the EEC regulation 45/2001 from 18 December 2001.

Status

So that the European commisioner for data protection of its task can follow as an independent board of control, its office was arranged instruction-free by the EEC regulation 45/2001 independently and. It is subordinated to no EEC organ and no other EEC mechanism and enjoys the same immunity as the members of the European Court of Justice.

The commisioner for data protection may during his term of office no other activity exercise and is to end of his term of office regarding the acceptance of activities or advantages "honorably and reservedly "point itself.

The European commisioner for data protection is supported by an office. The personnel of this office is obligated just like the commisioner for data protection to the discretion.

In the year 2006 a budget of 3.583.333 euro is entitled to the European commisioner for data protection. Its office consisted in the year 2004 according to staff appointments plan of 15 persons.