Chapter 7 – Cooperation and Consistency
I’m not particularly sure that this clause is required. I’ve never known the European states to not cooperate consistently, just look at Brexit…
Chapter 7 sees Articles 60 through 76 spend a few minutes discussing cooperation and consistency as the title suggests and then “Bam!” they sneak in a section about a dominating European Board to oversee everything.
Section 1 – Cooperation
Article 60 – Cooperation between the Lead Supervisory Authority and the Other Supervisory Authorities Concerned
12 paragraphs. It seems to take 12 paragraphs to say that the lead supervisory authority needs to take the lead and ask for help from supporting supervisory authorities. It’s like kindergarten where they have to tell you that you have to share your toys.
Article 61 – Mutual Assistance
9 paragraphs. This is unsettling, now we have 9 paragraphs stating that supervisory authorities will play nice with other supervisory authorities.
Article 62 – Joint Operations of Supervisory Authorities
7 paragraphs. So apparently like Power Rangers can make a Megazord so can supervisory authorities join forces to investigate and punish.
Section 2 – Consistency
Article 63 – Consistency Mechanism
1 paragraph. Another article telling people to cooperate. They must be really worried that data in Europe is going to turn into the wild west with data outlaws and data sheriffs all roaming around shooting each other.
Article 64 – Opinion of the Board
8 paragraphs. Remember that cloak and dagger move to throw in an overseeing board at the buried in a chapter on consistency and cooperation, well here is the first mention of them. They get to have an opinion on anything that affects more than one state. And wouldn’t you know it they are mentioned side by side with the first shady organisation in this document…the Commission.
This is neat, they state outright that Supervisory Authorities and the Commission shall communicate ‘electronically’ with the Board. I can see where they are coming from, they want a speedy method of communication instead of using the postal service and delays of days between communications. But let’s hope that technology doesn’t move on and that we no longer send messages electronically. I guess we shouldn’t worry, it’s not like technology ever moves faster than legislation.
Article 65 – Dispute Resolution by the Board
6 paragraphs. A whole article referring to the Board essentially like they are going to play the parents in situations that Supervisory Authorities can sort out. So much for requiring Supervisory Authorities to be competent.
Article 66 – Urgency Procedure
4 paragraphs. Much like the American President there is an article here stating that a local Supervisory Authority can declare ‘martial law’ for up to three months so they can act swiftly to protect data subject’s rights. Well they didn’t exactly say ‘martial law’ but they can pass legislation without the consent of mum and dad (Board and Commission) for up to three months.
Article 67 – Exchange of Information
1 paragraph. The commission can tell Supervisory Authorities and the Board how to send emails.
Section 3 – European Data Protection Board
Article 68 – European Data Protection Board
6 paragraphs. Well at least this shadowy organisation is defined in this document. It will have a chair (I’m hoping for something comfy like a recliner. And the membership is a single member from each of the member states lead supervisory authorities. Nothing here about a club house though.
Article 69 – Independence
2 paragraphs. The board will be independent. Everyone gets to be independent in this document. We get it you are a strong sexy board that don’t take orders from no organisation.
Article 70 – Tasks of the Board
4 paragraphs. There is a list of 25 things that the board has to do here. That sounds a lot until you start reading and you keep seeing action words like ‘monitor’, ‘advise’, ‘issue’, ‘encourage’ and ‘promote’. My feeling is this board is just going to go on a jolly once every few months at the tax payers expense to sit in a foreign country, have coffee all day and lazy by the pool with cocktails at night.
Article 71 – Reports
2 paragraphs. Why this isn’t in the list of duties nobody knows. But the board have to write up an annual report. I’m sure they’ll leave the bit about sipping cocktails out of it though.
Article 72 – Procedure
2 paragraphs. A quick article stating it takes a simple majority of members to pass decisions.
Article 73 – Chair
2 paragraphs. I think they have a typo here. It says the board shall ‘elect’ a chair and two deputy chairs for good measure. You can’t elect furniture, I’m sure they meant ‘erect’.
Article 74 – Tasks of the Chair
2 paragraphs. The chair needs to convene meetings. I’m now wondering if this should be more of a throne chair. You know, something high backed.
Article 75 – Secretariat
6 paragraphs. Now I swear that this was a movie. Maybe I should watch the movie for hints and tips? …Ok watched, it seems every member is going to get a horse and have a race. Not sure how this helps, but it also says the horses need to provide analytical, administrative and logistical support, so perhaps these horses are better than the one in the movie.
Article 76 – Confidentiality
2 paragraphs. You need to keep stumm on issues that are sensitive. I’m surprised not to see details of a secret handshake here.
And there you have it, another week, another chapter another secret cloak and dagger agency set up under the watchful eyes of a larger shadowy cloak and dagger agency. We really need to be watching the legislation that comes out of our government if it all is this kind of dodgy.