CHECKS AND BALANCES IN THE AFSJ: RETHINKING GOVERNANCE

Organised by EDPS

Chair: Wojciech Wiewiorowski, EDPS (EU)
Moderator: TJ McIntyre, Digital Rights Ireland (IE)
Speakers: Delphine Harou, EDPS (EU); Clara Guerra, Portuguese DPA (PT); Sophie In’t Veld, MEP (EU); Christian Wiese Svanberg, Danish Police (DK)

The proposal on Interoperability calls for a wide societal debate on the governance of infor- mation exchange in the field of the AFSJ. Interoperability breaks down the borders between databases which were based on clearly defined EU policy goals (border control, security, judicial cooperation). The free flow of data creates new risks in an area where the use of personal data is opaque and may have a very significant impact on the lives and freedoms of individuals. It also challenges the current system of checks and balances. How to bring the different actors (EDPS, national DPAs, Courts and Parliaments) into a coherent governance scheme? How to ensure full accountability and to avoid blind spots, despite the blurring of the lines between national and EU level, or between AFSJ policies?

• Data subjects should be at the core of any governance scheme. How could their interests be best represented and defended in an area where data processing activities are opaque? Which role for NGOs?
• How to ensure meaningful redress and preserve accountability in a complex landscape of divided and shared responsibilities?
• Which should be the role of each administrative (DPAs/EDPS), judicial and political (EP) au- thority involved in the oversight?
• The cross-border (geographical and political) nature of data flows in the AFSJ calls for co- operation between the different oversight bodies. How can we ensure close collaboration while preserving the independence and role of each oversight body? Should we simplify the current supervision schemes?

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