When a proposal for legislation has a possible impact on data protection, the European Commission has to submit it to the EDPS for consultation. The EDPS analyses the proposal, taking into account the main elements affecting data protection, addressing issues such as:
- What are the proposal's scope and purpose?
- Are the means effective and proportionate?
- Is there any processing of sensitive data?
- How long are data preserved?
- Who will have access to the data?
- Will citizens be informed about this?
- How can citizens exercise their rights?
The EDPS makes recommendations to improve the proposal in this respect. The opinion of the EDPS is formally issued and then forms part of the legislative process. Opinions are usually presented in European Parliament Committees, as well as in relevant working groups in the Council.
So far, the majority of the opinions have concerned subjects related to the field of police and judicial cooperation or to the visa and immigration policy. Proposals in these areas may promote, for instance, exchange of information between authorities to fight against terrorism and other crime, possibly involving large scale databases.
