ESTABLISHING A SECRETARIAT FOR THIRD PILLAR
JOINT SUPERVISORY DATA PROTECTION BODIES
(a)
(19836)
5643/99
(b)
(21210)
7381/00
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Discussion paper on the protection of personal data in the Third Pillar of the EU.
Draft Council Decision establishing a Secretariat for the Joint Supervisory Data Protection bodies set up by the Convention on the establishment of a European police office (Europol Convention), the Convention on the use of information technology for customs purposes and the Convention implementing the Schengen agreement on the gradual abolition of checks at the common borders (Schengen Convention).
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| Legal base:
| (a) —
(b) Article 30 EU and Article 2 of the Protocol integrating the Schengen acquis into the framework of the EU (but see paragraph 4.6 below); consultation; unanimity
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| Deposited in Parliament:
| (b) 12 May 2000 |
| Department: |
Home Office |
| Basis of consideration:
| EM of 1 June 2000 |
| Previous Committee Report:
| (a) HC 34-xvi (1998-99) paragraph 5 (21 April 1999)
(b) None
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| To be discussed in Council:
| No date set |
| Committee's assessment:
| Politically important |
| Committee's decision:
| Both cleared, but further information requested on document (b)
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Background — document (a)
4.1 In April 1999, we considered this discussion
paper on the possibility of greater harmonisation of data protection
rules and structures in the Third Pillar. As discussions were
at a very early stage, we did not clear the document but asked
for a progress report.
4.2 The Government has now deposited a draft
Decision (document (b)) and an EM which, in effect, provides the
progress report on the earlier discussion paper.
4.3 The Minister of State at the Home Office
(Mrs Barbara Roche) explains:
"The draft Decision
and the associated Explanatory Memorandum take forward one of
the three elements of the Council's current work on data protection
in the Third Pillar. The three elements are:
- whether there should be a common secretariat
to service the data protection joint supervisory bodies established
by Third Pillar instruments;
- whether there should be a single data protection
supervisory body to monitor all Third Pillar activities, in place
of the existing instrument-specific joint supervisory bodies;
and
- whether there should be common data protection
rules for all Third Pillar activities.
"There have been a number
of meetings of the Working Party [on Information Systems and Data
Protection] which has given priority to considering the first
of the elements identified above. Work on the second and third
elements is less well advanced."
The draft Decision — document (b) and the
Government's view
4.4 The Minister tells us that the draft
Decision takes forward the broad measure of agreement about the
need for a common secretariat. She says:
"[The document] proposes
that such a secretariat should be established to service in the
first instance the joint supervisory bodies of Europol and Schengen.
It would be based in the Council and initially have a staff of
three. The Secretary would be appointed for a renewable two year
term by the Deputy Secretary-General acting on a proposal from
the joint supervisory bodies. The draft Decision contains provisions
to safeguard the secretariat's functional independence; to clarify
the employment situation of the staff vis-à-vis
the Council; and to establish the financial arrangements."
4.5 Despite its title, the Minister tells
us that the draft Decision does not cover the Customs joint supervisory
body since that body is not yet operational. Once it becomes so,
and if and when other joint supervisory bodies are created, further
instruments will be needed. She reports that the Chairmen of the
joint supervisory bodies for Europol and Schengen have been consulted.
They support the draft Decision subject to clarification of two
points, and two proposed minor amendments. She also tells us that
the UK Data Protection Commissioner supports the proposal.
4.6 In relation to the legal base, the Government
considers that Articles 30 and 34.2 (c) might be more appropriate
than those cited in the draft Decision.
Conclusion
4.7 This appears to be a straightforward
and sensible proposal on the simplest of the three elements of
the Council's current work on data protection in the Third Pillar.
We hope that work on the more far-reaching second and third elements
will not slacken once the draft Decision is agreed.
4.8 We are, however, surprised that a
further instrument will be needed to cover the joint supervisory
data protection body set up by the Convention on the use of information
technology for customs purposes merely because it is not yet operational.
Can the Minister explain the situation?
4.9 We also ask the grounds for the Government's
querying the proposed legal base.
4.10 We accept that the EM on the draft
Decision has also provided a progress report on the original discussion
document.
4.11 We clear both documents, but expect
a response to our questions above.
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