The Belgian data protection authority (APD) is concerned about developments that could threaten its independence. In APD’s opinion the preliminary draft seriously compromises both the effective functioning and the independence of the APD.
The preliminary draft establishes an interference of the Parliament in the internal organization of the APD and in the establishment of its priorities. Moreover, it conditions the renewal of the mandate of its directors to a positive evaluation of the House of Representatives, without the objective criteria of the latter being provided for by the preliminary draft. This system could lead to “anticipated obedience” in the House. The European Court of Justice has already ruled that “the mere risk” of political influence is sufficient to hinder the independent exercise of the tasks of national supervisory authorities.