Minutes of the 87th Management Board meeting: Commission deems consultation of EDPS "not mandatory"

The minutes reflect the discussion on the implementing rules on processing of operational personal data (MB Decision 69/2021) and non-operational personal data (MB Decision 68/2021). The DPO warns of risks to fundamental rights and urges EDPS consultation. The Commission deems draft “more than mature for adoption” and considers the EDPS consultation as “not mandatory”.

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Minutes of the Frontex 87th management board meeting - 17-18 November 2021, hybrid meeting (Reg. No 311/2022, pdf):

"DPO was consulted twice with a very short notice. Her opinion was issued the day before the meeting so that there was no possibility to take stock of it."

The minutes cite the DPO as saying that:

"...consulting the EDPS before adoption is important also for this set of rules... The first [set of recommendations] were not followed... the Agency can process this type of data only for one reason: the identification of suspects. For activities beyond it, such as investigation or prosecution of criminal offences, the Agency has no mandate and the remit of the implementing rules on OPD is extremely limited."

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