The European data protection supervisor: the institutions of the EC controlled by an independent authority

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Series Details Vol.43, No.5, October 2006, p1313–1342
Publication Date October 2006
ISSN 0165-0750
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Publishers Abstract:
Data protection was introduced in the EC Treaty by the Treaty of Amsterdam. This article starts with a literal quotation of Article 286 EC for a reason. The text of Article 286 demonstrates the impact on the regulatory framework and the impact on the institutional framework of the European Union resulting from the introduction of a new field of activities within the Community Framework. This article will focus on the concept of the European Data Protection Supervisor (EDPS) as an independent supervisor of Community institutions and bodies. To a large extent, the role of the EDP can be compared to that of the European Ombudsman, however it will be shown in this article that the nature of the duties and powers of the EDPS differs on essential points. The EDPS has four essential characteristics: he gives a face to data protection and provides for independence, expertise and power.

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