Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | CONT | PEKSA Mikuláš ( Verts/ALE) | MARINESCU Marian-Jean ( EPP), MANDA Claudiu ( S&D), MITUȚA Alin ( Renew), KUHS Joachim ( ID), CZARNECKI Ryszard ( ECR), FLANAGAN Luke Ming ( GUE/NGL) |
Committee Opinion | JURI | ||
Committee Opinion | LIBE | BRICMONT Saskia ( Verts/ALE) | José GUSMÃO ( GUE/NGL), Ramona STRUGARIU ( RE) |
Lead committee dossier:
Subjects
Events
The European Parliament adopted by 579 votes to 16, with 33 abstentions, to grant discharge to the European Data Protection Supervisor in respect of the implementation of the budget for the financial year 2021.
In its resolution, adopted by 577 votes to 21 with 37 abstentions, Parliament made the following observations:
Budgetary and financial management
The Supervisor's budget for 2021 amounted to EUR 19 463 193 , which represents a minimal decrease of 0.07% compared to 2020. It further notes that the budget implementation rate was 86% for the year 2021, which is a significant increase compared to 2020, when the implementation rate was 73%. In 2021, the Supervisor met or exceeded the targets set for eight of the nine key performance indicators.
Internal management, performance and control
Members acknowledge that 2021 was a challenging year, not least due to the COVID-19 pandemic, which created the immediate need to safeguard staff wellbeing and at the same time created new tasks, including the setting up the EU Digital COVID Certificate and the monitoring of Passenger Locator Forms, contact tracing apps, and other technologies used to fight against the virus, and ensuring that they were fully in line with the Union personal data protection legislation.
Parliament welcomed that the Supervisor immediately created an internal COVID-19 task force to actively monitor and assess the Union’s responses to the pandemic which has raised concerns about the protection of personal data and privacy rights of individuals.
It also welcomed that the Supervisor launched a competition to employ more specialised experts on data protection and adapted the internal organisation to reflect the increased workload on data protection. Members welcome the Supervisor’s launch of a Business Continuity and Crisis Management review exercise with relevant internal and external stakeholders following an internal assessment of the lessons learnt from the COVID-19 pandemic.
Human resources, equality and staff well-being
At the end of 2021, the Supervisor had 132 staff members, a slight increase from the end of 2020 and a significant increase from the end of 2019 when there were 107 staff members. Members are concerned to see an increase in the number of contract staff and a decrease in the number of civil servants between the end of 2020 and the end of 2021. They encouraged the Supervisor to offer permanent contracts to its employees to guarantee business continuity and work security.
The number of EU nationalities represented in the staff had further increased to 21, compared to 20 at the end of 2020. While both senior management positions are occupied by men, women represent 75% of middle management.
Parliament welcomed the Supervisor’s focus on ensuring the mental well-being of both Supervisor and Board staff during the COVID-19 pandemic. It welcomed that the Supervisor has developed the system for flexible working arrangements and welcomed that no cases of psychological or sexual harassment were reported.
Ethical framework and transparency
The Supervisor's ethical framework, which was updated in 2019, includes, among other things, mandatory training for new staff on harassment, prevention of conflicts of interest and other ethical issues. The EDPS does not currently use the inter-institutional transparency register, but publishes on its website the EDPS' programme, recorded meetings and interventions, including meetings with interest representatives. The EDPS is invited to join the inter-institutional agreement on a mandatory transparency register.
There were no cases of staff leaving the institution in order to join the private sector in 2021 and no cases involving cooling-off periods.
Parliament also commented on digital transition, cybersecurity and data protection, buildings and security, environment and sustainability, interinstitutional cooperation and communication.
The resolution highlighted the following points in particular:
- the Supervisor continues to test and demonstrate open source tools, rather than proprietary tools, in order to maintain independence from suppliers, retain control of its technical systems, and better guarantee privacy and the protection of user data;
- it is important to adapt human and financial resources to the growing workload and to increase the Supervisor's budget: the Supervisor's workload is expected to increase further due to the growing trend towards digitalisation in the Union, the revision of the agencies' mandates and the initiatives presented by the Commission, in particular in the area of justice and home affairs, namely the opinions on Europol’s mandate, on the digital services and digital markets legislation and on the NIS 2.0 Directive, as well as the joint opinions on the artificial intelligence act and the Union's digital COVID certificate;
- the EDPS is making efforts to become a paperless institution. It continues to encourage the use of public transport, reimbursing 50% of monthly or annual season tickets;
- cooperation between the EDPS and other EU institutions, bodies and agencies, in particular the European Public Prosecutor's Office, is welcomed. The EDPS needs additional resources to monitor the European Central Bank's digital euro project. The EDPS is encouraged to continue the dialogue with Europol about the Agency's processing of large-scale data sets;
- as regards communication , the EDPS has organised several events which have helped to strengthen its role and the understanding of its mission by the general public. It prepared a public pilot phase of two social media platforms, EU Voice and EU Video, launched in 2022 to promote the use of decentralised, free and open technologies as alternative social networks.
The Committee on Budgetary Control adopted the report by Mikuláš PEKSA (Greens/EFA, CZ) on the discharge for implementation of the European Union general budget for the financial year 2021, section IX - European Data Protection Supervisor.
The committee responsible recommended that the European Parliament give discharge to the European Data Protection Supervisor in respect of the implementation of the budget for the financial year 2021.
Budgetary and financial management
The report notes that the Supervisor's budget for 2021 amounted to EUR 19 463 193, which represents a minimal decrease of 0.07% compared to 2020. It further notes that the budget implementation rate was 86% for the year 2021, which is a significant increase compared to 2020, when the implementation rate was 73%.
Internal management, performance and control
Members acknowledge that 2021 was a challenging year, not least due to the COVID-19 pandemic, which created the immediate need to safeguard staff wellbeing and at the same time created new tasks, including the setting up the EU Digital COVID Certificate and the monitoring of Passenger Locator Forms, contact tracing apps, and other technologies used to fight against the virus, and ensuring that they were fully in line with the Union personal data protection legislation.
The report welcomes that the Supervisor immediately created an internal COVID-19 task force to actively monitor and assess the Union’s responses to the pandemic. It also welcomes that the Supervisor launched a competition to employ more specialised experts on data protection and adapted the internal organisation to reflect the increased workload on data protection. Members welcome the Supervisor’s launch of a Business Continuity and Crisis Management review exercise with relevant internal and external stakeholders following an internal assessment of the lessons learnt from the COVID-19 pandemic.
Human resources, equality and staff well-being
At the end of 2021, the Supervisor had 132 staff members, a slight increase from the end of 2020 and a significant increase from the end of 2019 when there were 107 staff members. Members are concerned to see an increase in the number of contract staff and a decrease in the number of civil servants between the end of 2020 and the end of 2021. They encouraged the Supervisor to offer permanent contracts to its employees to guarantee business continuity and work security.
The number of EU nationalities represented in the staff had further increased to 21, compared to 20 at the end of 2020. While both senior management positions are occupied by men, women represent 75% of middle management.
The current rules allow for teleworking up to three days a week and the Supervisor is setting up a working group to develop a strategic approach to ensure that the workload is fairly distributed among staff. No cases of psychological or sexual harassment have been reported.
Ethical framework and transparency
The Supervisor's ethical framework, which was updated in 2019, includes, among other things, mandatory training for new staff on harassment, prevention of conflicts of interest and other ethical issues. The EDPS does not currently use the inter-institutional transparency register, but publishes on its website the EDPS' programme, recorded meetings and interventions, including meetings with interest representatives. The EDPS is invited to join the inter-institutional agreement on a mandatory transparency register.
The report makes the following observations, inter alia :
- the Supervisor's workload is expected to increase further due to the growing trend towards digitalisation in the Union, the revision of the agencies' mandates and the initiatives presented by the Commission, in particular in the area of justice and home affairs, namely the opinions on Europol’s mandate, on the digital services and digital markets legislation and on the NIS 2.0 Directive, as well as the joint opinions on the artificial intelligence act and the Union's digital COVID certificate. It is important to adapt human and financial resources to the growing workload and to increase the Supervisor's budget accordingly;
- the EDPS is making efforts to become a paperless institution ;
- the report welcomes the cooperation between the Supervisor in his supervisory functions and the other EU institutions, bodies and agencies, in particular the European Public Prosecutor's Office. It welcomes the Supervisor's close monitoring of the evaluation of the European Central Bank's digital euro project. It welcomes the Supervisor's proposed initiative to create a pool of experts to support national data protection authorities in their work on investigations;
- as regards communication , the EDPS has organised several events which have helped to strengthen its role and the understanding of its mission by the general public. It prepared a public pilot phase of two social media platforms, EU Voice and EU Video, launched in 2022 to promote the use of decentralised, free and open technologies as alternative social networks.
Documents
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament: T9-0145/2023
- Debate in Parliament: Debate in Parliament
- Committee report tabled for plenary: A9-0070/2023
- Supplementary non-legislative basic document: 06247/2023
- Amendments tabled in committee: PE742.345
- Committee opinion: PE738.487
- Committee draft report: PE738.390
- Court of Auditors: opinion, report: OJ C 429 11.11.2022, p. 0008
- Court of Auditors: opinion, report: N9-0003/2023
- Court of Auditors: opinion, report: OJ C 391 12.10.2022, p. 0006
- Court of Auditors: opinion, report: N9-0066/2022
- Non-legislative basic document: COM(2022)0323
- Non-legislative basic document: EUR-Lex
- Non-legislative basic document published: COM(2022)0323
- Non-legislative basic document published: EUR-Lex
- Non-legislative basic document: COM(2022)0323 EUR-Lex
- Court of Auditors: opinion, report: OJ C 391 12.10.2022, p. 0006 N9-0066/2022
- Court of Auditors: opinion, report: OJ C 429 11.11.2022, p. 0008 N9-0003/2023
- Committee draft report: PE738.390
- Committee opinion: PE738.487
- Amendments tabled in committee: PE742.345
- Supplementary non-legislative basic document: 06247/2023
Votes
Décharge 2021: budget général de l’UE - Contrôleur européen de la protection des données - A9-0070/2023 - Mikuláš Peksa - Proposition de décision #
A9-0070/2023 - Mikuláš Peksa - Proposition de résolution #
Amendments | Dossier |
16 |
2022/2089(DEC)
2022/12/06
LIBE
16 amendments...
Amendment 1 #
Draft opinion Paragraph 1 1. Notes that the Court of Auditors’ report on the implementation of the budget concerning the financial year 2021 does not contain any remarks about the European Data Protection Supervisor (EDPS); reiterates its call on the Court to issue a report on the annual accounts of the EDPS, despite its small budget and its low volume of financial transactions, considering the importance of transparency for the proper functioning of all Unione bodies;
Amendment 10 #
Draft opinion Paragraph 5 Amendment 11 #
Draft opinion Paragraph 5 5. Welcomes the follow-up done by the EDPS
Amendment 12 #
Draft opinion Paragraph 5 a (new) 5 a. Is concerned about the approach of the EDPS, which considers from the outset all data processing in law enforcement as high risks; highlights that the right to data protection is not absolute but must be balanced with other fundamental rights, including the rights to security and integrity of a person;
Amendment 13 #
Draft opinion Paragraph 6 a (new) 6 a. Notes that in 2021, the EDPS continued to monitor the impact of the COVID-19 pandemic on data protection through its dedicated COVID-19 task force, set up in 2020; notes that on 9 August 2021 the EDPS published guidelines including recommendations for EUIs' strategies for their return to the office;
Amendment 14 #
Draft opinion Paragraph 7 7. Reminds that the EDPS workload is expected to further increase due to the growing digitalisation trend in the Union, the revision of agencies’ mandates and the initiatives presented by the Commission especially in the field of justice and home affairs, namely the opinions on Europol’s mandate, DSA/DMA, the NIS 2.0 Directive and the joint opinions on the Artificial Intelligence Act and Digital Green Certificate; appreciates the contribution of the EPDS to the legislative work in cooperation with the European Data Protection Board; stresses the importance to adapt human and financial resources to the increasing workload and to increase the EDPS's budget accordingly;
Amendment 15 #
Draft opinion Paragraph 7 7. Reminds that the EDPS workload
Amendment 16 #
Draft opinion Paragraph 7 a (new) 7 a. Stresses that financial regulation and high management standards has to be respected by all the EU’s institutions.
Amendment 2 #
Draft opinion Paragraph 1 a (new) 1 a. Reminds that EDPS’s budget is part of citizens’ taxes and requires annual scrutiny;
Amendment 3 #
Draft opinion Paragraph 1 b (new) 1 b. Stresses that the small budget of the EDPS and its low volume of financial transactions should not be a pretext to abandon the ECA’s separate annual financial report for the EDPS;
Amendment 4 #
Draft opinion Paragraph 2 2.
Amendment 5 #
Draft opinion Paragraph 3 3. Highlights the key supervisory role of the EDPS on ensuring full respect for data protection by Union institutions, bodies and agencies, such as Europol, Frontex, eu-LISA and Eurojust; notes, in particular, the first data protection audit of Eurojust's data protection activities which took place in October 2021; notes the increase in legislative consultations recorded in 2021, when the EDPS responded to 88 Formal Legislative Consultations, compared to 27 in 2020;
Amendment 6 #
Draft opinion Paragraph 3 3. Highlights the key consultative and supervisory role of the EDPS on ensuring full respect for data protection by Union institutions, bodies and agencies, such as Europol, Frontex, eu-LISA and Eurojust;
Amendment 7 #
Draft opinion Paragraph 3 a (new) 3 a. Calls upon the EDPS to further streamline its cooperation with other data protection authorities in order to promote a consistent approach to data protection throughout Europe; welcomes the active cooperative role EDPS plays in the European Dactyloscopy (Eurodac) database, sharing responsibilities with national data protection authorities;
Amendment 8 #
Draft opinion Paragraph 4 4.
Amendment 9 #
Draft opinion Paragraph 5 source: 739.651
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