EU Struggles to Appoint Next European Data Protection Supervisor
The European Data Protection Supervisor (EDPS) selection process is facing delays as EU lawmakers work to initiate negotiations with member states. The current EDPS, Wojciech Wiewiórowski from Poland, saw his mandate expire in early December. Despite hearings in January, the European Parliament and EU member states have yet to agree on a candidate from the four shortlisted by the European Commission. The Parliament’s Civil Liberties, Justice, and Home Affairs Committee (LIBE) supports Bruno Gencarelli of Italy, while member states favor Wiewiórowski for another term.
The disagreement between the European Parliament and member states has led to a complex situation. On Wednesday, the Parliament’s group leaders endorsed the LIBE decision, supporting Gencarelli. However, to reach a resolution, the Parliament must establish a committee with the Council. The configuration of this committee remains undecided, adding to the delay in appointing the next EDPS.
Concerns have been raised about the impartiality of the candidates. A letter from the Centre for AI & Digital Humanism, signed by privacy professors, was sent to the Presidents of the Parliament and Commission. They argue that Gencarelli, as a long-time Commission official, should not be considered for the role due to potential conflicts of interest. The EDPS has previously ruled against the EU executive, exemplified by its decision on the illegitimate use of Microsoft 365.
While the EDPS cannot impose fines on Big Tech for EU privacy breaches, it plays a crucial role in shaping legislative opinions. The ongoing selection process highlights the importance of choosing a candidate who can effectively oversee privacy regulations across the EU. A decision on the next EDPS is expected no earlier than March.
