Scrutiny Information

Scrutiny date: 24/04/2017

Subsidiarity Concern:

No Important information to exchange

No Veto

Information on parliamentary scrutiny

The Committee on Justice discussed the proposal at its 35th meeting of 12 April 2017.

And at it's 124th meeting of 12 April 2017 the Committee on EU Affairs of the National Assembly of the Republic of Slovenia adopted the following Position:

The Republic of Slovenia welcomes the European Commission's efforts to complete the comprehensive data protection reform, i.e. the modernization of the Regulation 45/2001, regulating the issues concerning the personal data protection in relation to the processing by EU institutions and the adoption of a new regulation on e-privacy therewith.

The Republic of Slovenia hopes that the update of the said regulation will be adopted and implemented by the entry into force of the General Data Protection Regulation on 25 May 2018, putting into force for a vast majority of data processing a more robust regime better adapted to the modern times. Given the increasing number of personal data files managed by individual EU institutions, bodies, etc., a timely and comprehensive modernization of those rules is undoubtedly one of the key interests of the Republic of Slovenia as well as the EU.

In terms of this proposal, the Republic of Slovenia is pleased to note that with respect to the vast majority of the provisions it (at least) provides an equally high level of protection of personal data as already provided for other controllers in the General Data Protection Regulation or the Member States’ controllers in the so-called Police Directive, in which, however, the deviations are in most cases justifiably subject to the specifics of the work of (individual) EU institutions, bodies, offices or agencies.

Consequently, it is of the opinion that the proposal embodies well the Commission’s forecasts that as regards the personal data protection EU institutions should lead the Member States or private controllers by example.

Moreover, the Republic of Slovenia wishes to present its view on some still outstanding issues of the proposal for a regulation.

The Republic of Slovenia expresses initially a general substantive reservation with respect to Article 2 of the proposed regulation (Scope) and the corresponding recitals from Nos. (8) to (10). The Republic of Slovenia, while agreeing with the exclusion of application of the Regulation for the processing under Chapters 4 and 5 of Title V of Part Three of the Treaty on the Functioning of the European Union, indicated in recital (8) (i.e. the processing by Europol, Eurojust and the future European Public Prosecutor), but insists that this exclusion should only apply if the bodies  have their own comprehensive regime of personal data protection. It also insists that the European Commission verifies, within a reasonable time frame (e.g. one or two years), all of these separate personal data protection regimes and prepares proposals for the necessary adjustments that would ensure, so far as necessary, the approximation of these arrangements to the proposed regulation. Slovenia consider such action a necessary one, since the above bodies process considerable amounts of personal data, and would therefore not be acceptable to be able to continue applying the protective regime of the previous generation, particularly given that that the countries must provide for the adjustment of their own files in the field of justice in line with new Police Directive by May 2018.

Furthermore and for a similar reason, the Republic of Slovenia expresses a general substantive reservation with respect to Article 25 of the proposal for a regulation (Restrictions) or any other article allowing restrictions, annulment, amendment or replacement of individual provisions of this regulation by use of internal rules of individual Union institutions. The Republic of Slovenia points out that such a possibility is not an option for neither controllers under the General Personal Data Regulation nor controllers under the Police Directive, since the restrictions of rights and obligations may only be stipulated by regulations with the force of law (i.e. at least a regulation or a delegated act, or an implementing act), but not by statutory instruments. The Republic of Slovenia does take into account, however, that due to a large number of institutions the drafting of delegated acts with all the necessary exceptions would imply a substantial burden for the European Commission, but still does not consider this reason to be compelling enough to accede to it. The Republic of Slovenia therefore insists that the possibility of determining legal basis for restricting the rights of individuals and others on the basis of internal rules is comprehensively deleted from the proposal for a regulation.

Finally, the Republic of Slovenia expresses a general substantive reservation also with respect to Article 66 concerning administrative fines. The Republic of Slovenia advocates that the supervisory authority (i.e. the European Data Protection Supervisor) should be able to impose administrative fines in all cases of infringements, and not only in the case when it finds that there has been an infringement and orders the institution to remedy it, but which does not agree to it. It believes that a more rigorous approach to sanctions may have a significant impact on the culture of certain institutions, so that they would give greater weight to personal data protection, thus observing the recommendations put forward by the data protection officers employed by the institutions.

In the context of the legislative procedure, Slovenia will thus strive that the said outstanding issues are resolved in the direction which will observe the highest possible level of personal data protection in all EU institutions, including those acting in the field of police cooperation or judicial cooperation in criminal matters. In any case, it will seek to achieve that there will be no unjustified lowering of standards of personal data protection arising from possible compromises, that would be lower than the comparable indicator – the existing Regulation 45/2001. Yet, given the ambitious content of this proposal for a legal act of the European Commission, it is doubtful that these could happen.

Contact points for EU matters

IPEX Correspondents:
Phone: 00 386 478 9482  Email Mrs. Aleksandra-Saša Lavrič Phone: 00 386 478 9664  Email Ms. Polona Klemenčič
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