The enforcement of the European data protection framework is fundamentally anchored in robust individual rights and the independence of the enforcing authority. Article 8 of the Charter of Fundamental Rights of the EU asserts that compliance must be overseen by an independent authority. The independence of the European Data Protection Supervisor (EDPS) is mandated by Article 55 of Regulation (EU) 2018/1725. Recent developments in the selection process for the EDPS have raised concerns regarding its transparency, with claims that the pre-selection procedure may be influenced to favor specific candidates, undermining the integrity of the process.
The effectiveness of the European data protection framework depends on two essential pillars: robust individual rights and the institutional independence of the authority enforcing them.
Without such independence, the rights laid down by EU law for all citizens cannot be guaranteed.
The requirement of complete independence of the European Data Protection Supervisor (EDPS) is enshrined in Article 55 of the Regulation (EU) 2018/1725.
Concerns have been raised regarding the transparency and impartiality of the pre-selection procedure for appointing the EDPS.
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