Article 49*

Article 49 – Tasks of the European Data Protection Board

Commission Proposal

1. The European Data Protection Board established by Regulation (EU)…./2012 shall exercise the following tasks in relation to processing within the scope of this Directive:

(a) advise the Commission on any issue related to the protection of personal data in the Union, including on any proposed amendment of this Directive;

(b) examine, on request of the Commission or on its own initiative or of one of its members, any question covering the application of the provisions adopted pursuant to this Directive and issue guidelines, recommendations and best practices addressed to the supervisory authorities in order to encourage consistent application of those provisions;

(c) review the practical application of guidelines, recommendations and best practices referred to in point (b) and report regularly to the Commission on these;

(d) give the Commission an opinion on the level of protection in third countries or international organisations;

(e) promote the co-operation and the effective bilateral and multilateral exchange of information and practices between the supervisory authorities;

(f) promote common training programmes and facilitate personnel exchanges between the supervisory authorities, as well as, where appropriate, with the supervisory authorities of third countries or of international organisations;

(g) promote the exchange of knowledge and documentation with data protection supervisory authorities worldwide, including data protection legislation and practice.

2. Where the Commission requests advice from the European Data Protection Board, it may lay out a time limit within which the European Data Protection Board shall provide such advice, taking into account the urgency of the matter.

3. The European Data Protection Board shall forward its opinions, guidelines, recommendations, and best practices to the Commission and to the committee referred to in Article 57(1) and make them public.

4. The Commission shall inform the European Data Protection Board of the action it has taken following opinions, guidelines, recommendations and best practices issued by the European Data Protection Board.

EDRi’s proposed amendment

1. The European Data Protection Board established by Regulation (EU)…./2012 shall exercise the following tasks in relation to processing within the scope of this Directive:

(a) advise the Commission European Institutions on any issue related to the protection of personal data in the Union, including on any proposed amendment of this Directive;

(b) examine, on request of the Commission or on its own initiative or of one of its members, any question covering the application of the provisions adopted pursuant to this Directive and issue guidelines, recommendations and best practices addressed to the supervisory authorities in order to encourage consistent application of those provisions;

(c) review the practical application of guidelines, recommendations and best practices referred to in point (b) and report regularly to the Commission on these;

(d) give the Commission an opinion on the level of protection in third countries or international organisations;

(e) promote the co-operation and the effective bilateral and multilateral exchange of information and practices between the supervisory authorities;

(f) promote common training programmes and facilitate personnel exchanges between the supervisory authorities, as well as, where appropriate, with the supervisory authorities of third countries or of international organisations;

(g) promote the exchange of knowledge and documentation with data protection supervisory authorities worldwide, including data protection legislation and practice.

2. Where the Commission requests advice from the European Data Protection Board, it may lay out a time limit within which the European Data Protection Board shall provide such advice, taking into account the urgency of the matter.

3. The European Data Protection Board shall forward its opinions, guidelines, recommendations, and best practices to the Commission and to the committee referred to in Article 57(1) and make them public.

4. The Commission shall inform the European Data Protection Board of the action it has taken following opinions, guidelines, recommendations and best practices issued by the European Data Protection Board.

Justification

There is no reason why the EDPB shouldn’t be able to advise the other Institutions as well.

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