European Data Protection Day
Germany campaigns for high global standards.
Short interview with Andrea Vosshoff, Federal Government Commissioner for Data Protection and Freedom of Information.
The Office of the Federal Government Commissioner for Data Protection and Freedom of Information (BfDI) became an independent supreme federal agency on 1 January 2016. That sounds like a mere formality – what is the significance of this change in status?
This change in status means that since the beginning of the year the BfDI has been completely independent – in a similar way to the Federal Audit Office. Supervision by the Federal Minister of the Interior ceased as did the legal supervision by the Federal Government. In future, therefore, the BfDI is only accountable to parliament, and its decisions are subject to judicial control. With this reform and the concomitant increase in staff, the legislature made clear how important a strong and independent data protection authority is at the national level.
28 January is European Data Protection Day. How important is European cooperation in the field of data protection, and what contribution is Germany making?
In a digital world in which personal data is collected and processed globally, data protection must also be global. European data protection supervision requires close cooperation in this area. This is already taking place on important data protection policy issues within the framework of the so-called Article 29 Working Party. The General Data Protection Regulation that is coming into force from 2018 will strengthen the powers of supervisory authorities and not only expand cooperation, but also make it more binding and more consistent. German data protection supervisory authorities at the federal and state levels are contributing to this process through their work in European bodies; not least because we in Germany are able to look back on a long tradition of data protection with a high standard of protection that can also be considered a benchmark in a Europe that is increasingly growing together.
What will be the big data protection issues this year?
One major data protection issue will be the need to adapt national law to the new General Data Protection Regulation. Federal and state governments will need to act here. In addition, national legislators will face the important task of shaping the numerous flexibility clauses in the General Data Protection Regulation for the highest possible standard of data protection. Not least, this also includes the retention of the German two-pillar model, which is possible under the General Data Protection Regulation. This system is based on internal data protection officers and independent state supervision as the guarantors of a high and universally accepted standard of data protection. Another, no less important topic will be the arrangements for the international transfer of data to third states. After the European Court of Justice ruled in 2015 that the Safe Harbor agreement with the USA is invalid, a legally compliant replacement understanding must now be concluded as soon as possible.
European Data Protection Day on 28 January
