European Commission Accused of Rigging EDPS Selection
The European Commission faces accusations of manipulating the selection process for the next European Data Protection Supervisor (EDPS) to favor its own candidate. Privacy experts Maria Farrell, Douwe Korff, and Ian Brown submitted a complaint to the European Ombudsman highlighting procedural irregularities, including a lack of transparency regarding the selection criteria, the identities of the selection committee, and the rationale behind certain decisions. The complaint also alleges cronyism, pointing to the inclusion of Bruno Gencarelli, a Commission official involved in approving data deals with the UK and US, as a violation of the legal requirement that candidates must demonstrate unquestionable independence.
The complainants argue that appointing a current Commission employee to oversee the institution’s data protection activities risks undermining the independence essential to the role. They emphasize that the EDPS’s constitutional function requires strict impartiality to protect fundamental rights and freedoms without bias. The complaint further notes ongoing legal disputes between the EDPS and the Commission, which could create conflicts of interest if a Commission insider assumes the supervisory position. The complainants also criticize the opaque selection process, suggesting that it was designed to align with the political preferences of the center-right European People’s Party.
Concerns were also raised about the candidate shortlist, which included a less experienced female applicant while excluding a more qualified one, creating an impression of gender discrimination. The complainants described this as a tokenistic approach often used to justify predetermined outcomes. Despite attempts to address these issues directly with European Commissioner Michael McGrath and Commission President Ursula von der Leyen, no response was received, prompting escalation to the Ombudsman. The complaint warns that weakening the EDPS threatens the rule of law in Europe, especially at a time when data protection and privacy are critical.
The European Commission responded by stating that the shortlist was compiled following a full selection procedure based on merit and equal treatment of candidates. The spokesperson emphasized that no conflicts of interest were identified during the process and that the decision complied with rules governing senior official appointments. However, the controversy highlights ongoing tensions over transparency and independence in EU data protection governance.
