16 November 2021
Opinions of the Data Protection Officer on Frontex's proposed draft rules on OPD. The DPO was evidently not happy with the drafts.
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Opinion of the Data Protection Officer: Draft Implementing Rules on Operational Personal Data (undated, pdf)
Sections 1 and 2 contain the timeline and background of MB Decisions and evidence of how the DPO was effectively sidelined towards the end of the drafting process.
Opinion of the Data Protection Officer- part II: Draft Implementing Rules on Operational Personal Data (Reg. No 11364a, 16 November 2021, pdf)
The opinion lists numerous objections against provisions of the current draft. DPO notes that it is “highly doubtful that the Agency has a mandate to cross-check data of potential suspects against open source, [including] social media”. The opinion warns of “breaching compliance with EU legislation” and “function creep in relation to the Agency’s mandate” and recommends to consult EDPS “to avoid unnecessary delays and the need to amend the decision shortly after adoption”.
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