Europe's data protection chief set to be an 'unknown'

According to Privacy International a secret ballot of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs of the EP was carried out on 20th May. As a result, Joaquín Bayo Delgado was selected as primary candidate for the post of "Data Protection Supervisor" for Europe.

The post carries extensive responsibilities, covering all aspects of data protection, including oversight of the controversial Schengen Information System. This system, which became operational in seven countries in 1995, now covers the bulk of EU countries, although the UK is only partially involved.

The system enables enforcement agencies throughout Europe to have access to a database of reports on individuals and objects, such as cars, for border control purposes, internal police checks and in some cases for the purpose of issuing visas, residence permits and administrating persons that the system refers to as “aliens”.

Data protection is a high priority for civil liberties groups at present as governments seek to find ways to tackle the terrorist threat, and attempt to take government administration on-line – both of which require the use, or abuse, of personal information.

Simon Davies, Privacy International’s Director said:

"Privacy and Data Protection are complex issues requiring a high degree of sensitivity and wisdom. This deplorable deal has occurred at a moment when these rights are under unprecedented stress. The protection of privacy in Europe is at a crossroads, and this decision may well result in the loss of rights for all Europeans.”

He was concerned that Joaquín Bayo Delgado was completely unknown to any privacy or data protection advocate in Europe. "To the best of our knowledge he has never written about the subject, nor spoken about it in any public presentation", said Mr Davies.

Shelagh Gaskill, a partner with Masons, the international law firm behind OUT-LAW.COM, said:

"This is a very important post. The appointee will control the way in which the EU Institutions implement data protection themselves and in everything they do."

One of Britain's leading data protection experts, Gaskill added:

"It is very disappointing that they seem ready to appoint an unknown in this field who has never shown any interest in the subject before."

The vote in the European Parliament followed more than three months' intensive lobbying by Bayo, the Spanish government and Spanish MEPs. His nomination was accelerated, says Privacy International, by a series of back-room deals amongst major European Parliament parties, most of which were anxious to ensure that the "hard line" data protection lobby did not succeed in securing a candidate.

According to Privacy International, while Delagado is expected to get the job, there is still a slim opportunity for the appointment to be overturned. The Committee's chairman, Jorge Hernandez Mollar, will negotiate on his list of four finalists with the Council. This list contains individuals who are regarded as having the requisite experience and clout.

The list will be reduced to two names (one for Supervisor and one for Assistant Supervisor), to be put to the vote by the Citizens' Rights Committee on 2nd June, and must then be endorsed by Parliament's Conference of Presidents.

Privacy International is calling on the Council and the Committee on Citizens' Rights to overturn the nomination and vote for a candidate who is capable of representing the rights and interests of European citizens.