Article 66*

Article 66 – Tasks of the European Data Protection Board

Commission Proposal

1. The European Data Protection Board shall ensure the consistent application of this Regulation. To this effect, the European Data Protection Board shall, on its own initiative or at the request of the Commission, in particular:

(a) advise the Commission on any issue related to the protection of personal data in the Union, including on any proposed amendment of this Regulation;
(b) examine, on its own initiative or on request of one of its members or on request of the Commission, any question covering the application of this Regulation and issue guidelines, recommendations and best practices addressed to the supervisory authorities in order to encourage consistent application of this Regulation;
(c) review the practical application of the guidelines, recommendations and best practices referred to in point (b) and report regularly to the Commission on these;
(d) issue opinions on draft decisions of supervisory authorities pursuant to the consistency mechanism referred to in Article 57;
(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 on data protection legislation and practice with data protection supervisory authorities worldwide.

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 87 and make them public.

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

EDRi’s proposed amendment

1. The European Data Protection Board shall ensure the consistent application of this Regulation. To this effect, the European Data Protection Board shall, on its own initiative or at the request of the Commission, in particular:

(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 Regulation;
(b) examine, on its own initiative or on request of one of its members or on request of the Commission, any question covering the application of this Regulation and issue guidelines, recommendations and best practices addressed to the supervisory authorities in order to encourage consistent application of this Regulation;
(c) review the practical application of the guidelines, recommendations and best practices referred to in point (b) and report regularly to the Commission on these;
(d) issue opinions on draft decisions of supervisory authorities pursuant to the consistency mechanism referred to in Article 57;
(e) promote the co-operation and the effective bilateral and multilateral exchange of information and practices between the supervisory authorities, including the coordination of joint operations and other common activities, where it so decides upon request of one or several 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 on data protection legislation and practice with data protection supervisory authorities worldwide.
(h) issue opinions on measures notified to it under Article 21(4).

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 87 and make them public.

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

Justification

There is no reason to restrict this advisory role to the Commission, the EDPB should also be able to advise other European Institutions. Additionally, the role of the EDPB in coordinating joint operations and other common activities should be strengthened. This could also help to ease the strain on small DPAs when dealing with big cross-border cases.

Paragraph 1 point (h) gives effect to the procedure proposed in recital 59, allowing the EDPB to issue opinions on national measures restricting rights under this Regulation.

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