Secretariat for the joint supervisory data-protection bodies

This decision from the Council establishes a secretariat for the joint supervisory data-protection bodies in the European Union.

ACT

Council Decision 2000/641/JHA of 17 October 2000 establishing a secretariat for the joint supervisory data-protection bodies set up by the Convention on the Establishment of a European Police Office (Europol Convention), the Convention on the Use of Information Technology for Customs Purposes and the Convention implementing the Schengen Agreement on the gradual abolition of checks at the common borders (Schengen Convention).

SUMMARY

The aim of this decision is to establish a single, independent joint secretariat for the existing supervisory bodies. In the performance of its tasks, the new secretariat will be bound only by instructions from the data-protection bodies set up by the Europol Convention, the Schengen Convention and the Convention on the use of Information Technology for Customs Purposes. This marks the first step towards the creation of a single supervisory body with legal personality and its own budget.

The data-protection secretariat will be headed by a secretary appointed by the Deputy Secretary-General of the Council, acting on a proposal by the joint supervisory bodies, for a renewable term of three years. It will be entirely independent in the performance of its duties, subject only to instructions from the joint supervisory bodies and their chairmen.

The secretary will have to meet certain requirements: he must be a national of an EU Member State, offer every guarantee of independence, have full civil and political rights, and have the experience and expertise required for the performance of his duties. He may not engage in any other occupation, gainful or not.

He may be removed from office by the Deputy Secretary-General of the Council for serious misconduct or if he no longer fulfils the conditions required for the performance of his duties.

During and after his period of office, the data-protection secretary will be bound by professional secrecy. He will be assisted by the necessary staff, who will not be allowed to receive instructions from any authority or organisation apart from the joint supervisory bodies, the chairmen of these bodies and the secretary himself.

The General Secretariat of the Council will provide the data-protection secretariat with the infrastructure (offices, equipment, etc.) and human resources (interpreters) it needs.

The overheads of the data-protection secretariat will be charged to the section of the general budget of the European Union relating to the Council. The costs relating to meetings will be borne by the Council and by Europol (in the case of meetings relating to matters of implementation of the Europol Convention).

Last updated: 17.08.2005