2013/504/EU: Decision of the European Data Protection Supervisor of 17 December 2012 on the adoption of Rules of Procedure - Main contents
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official title
2013/504/EU: Decision of the European Data Protection Supervisor of 17 December 2012 on the adoption of Rules of ProcedureLegal instrument | Decision |
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CELEX number i | 32013D0504(03) |
Document | 17-12-2012 |
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Publication in Official Journal | 15-10-2013; OJ L 273 p. 41-50 |
Effect | 18-12-2012; Entry into force Date of signing +1 See Art 62 |
End of validity | 26-06-2020; Repealed by 32020Q0626(01) |
15.10.2013 |
EN |
Official Journal of the European Union |
L 273/41 |
DECISION OF THE EUROPEAN DATA PROTECTION SUPERVISOR
of 17 December 2012
on the adoption of Rules of Procedure
(2013/504/EU)
THE EUROPEAN DATA PROTECTION SUPERVISOR,
Having regard to Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by Community institutions and bodies and on the free movement of such data (1), and in particular Article 46(k) thereof,
Whereas:
(1) |
Article 8 of the Charter of Fundamental Rights and Article 16 of the Treaty on the Functioning of the European Union provide that compliance with the rules relating to the protection of individuals with regard to the processing of personal data concerning them by Union institutions, bodies, offices and agencies shall be subject to control by an independent authority. |
(2) |
Regulation (EC) No 45/2001 provides for the establishment of an independent authority, referred to as the European Data Protection Supervisor, responsible for ensuring that the fundamental rights and freedoms of natural persons, and in particular their right to privacy, with respect to the processing of personal data, are respected by the Union institutions and bodies. |
(3) |
Regulation (EC) No 45/2001 also provides for the duties and powers of the European Data Protection Supervisor, as well as for the appointment of the European Data Protection Supervisor and an Assistant Supervisor. |
(4) |
Regulation (EC) No 45/2001 further provides that the European Data Protection Supervisor shall be assisted by a Secretariat and lays down a number of provisions concerning staff and budgetary matters. |
(5) |
Decision No 1247/2002/EC of the European Parliament, of the Council and of the Commission of 1 July 2002 on the regulations and general conditions governing the performance of the European Data Protection Supervisor’s duties (2), lays down a number of additional provisions on this subject. |
(6) |
Other provisions of Union law provide for additional duties and powers for the European Data Protection Supervisor, |
HAS ADOPTED THESE RULES OF PROCEDURE:
CHAPTER I
GENERAL PROVISIONS
Article 1
Execution of duties and powers
The European Data Protection Supervisor shall execute the duties and powers imposed by Regulation (EC) No 45/2001 and other provisions of Union law.
Article 2
Definitions
In these Rules:
(a) |
‘the Regulation’ means Regulation (EC) No 45/2001; |
(b) |
‘the institution’ means a Union institution, body, office or agency subject to Regulation (EC) No 45/2001; |
(c) |
‘the EDPS’ means the European Data Protection Supervisor as an institution; |
(d) |
‘the Supervisor’ means, unless otherwise specified, the persons holding the office of European Data Protection Supervisor and Assistant Supervisor; |
(e) |
‘administrative measure’ means a decision or any other act of the Union administration of general application relating to the processing of personal data carried out by the institution. |
CHAPTER II
INSTITUTION AND SECRETARIAT
Article 3
Independence, good governance and good administrative behaviour
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1.In accordance with Article 44 of the Regulation, the Supervisor shall act in complete independence in the performance of his or her duties.
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2.The Supervisor shall ensure the proper functioning of the services available for the performance of the tasks referred to in Article 1, taking into account the principles of good governance, good administrative behaviour and good management.
Article 4
Roles of Supervisor and Assistant Supervisor
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1.The Supervisor and the Assistant...
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