Posted on the website of the Official Journal of the European Union this morning is a little treat from the European Data Protection Supervisor: it’s his Opinion on the Commission Green Paper on the Effective Enforcement of Judgements in the European Union: the Transparency of Debtors’ Assets — COM(2008) 128 final. The conclusion of the EDPS runs as follows:
The EDPS welcomes the Green Paper and the broad consultation to which it has been submitted and recommends that:
— possible legislative actions stemming from the Green Paper should ensure that the processing of personal data carried out by the whole range of enforcement authorities is clearly based on at least one of the legal grounds laid down by Article 7 of Directive 95/46/EC, and in particular its letter (c) and/or (e),
— the proportionality principle is duly taken into account not only with regard to the data elements to be disclosed by the debtors, but also with regard to other aspects such as the period of time during which the data are stored and disclosed, the entities having access to data, and the modalities of disclosure,
— any measures on transparency of debtors’ assets respect the purpose limitation principle and that any necessary exception would comply with the conditions laid down by Article 13 of Directive 95/46/EC,
— aspects concerning the provision of information to the debtors, the rights of data subjects, and the security of processing are duly taken into account.