Cybersecurity Policy Report, EDPB Publishes Plenary Minutes, Outlines Work Program, (Feb 22, 2023)

By Tony Foley

The European Data Protection Board (EDPB) has provided documentation this week on the results of its 74th plenary session held last month, as well as the adoption of its latest work program.

Plenary minutes. On Feb. 17, the EDPB published the minutes of its 74th plenary meeting, which was held last month. The minutes specify that there will be an ad hoc plenary meeting on Feb. 28 dedicated to the EDPB’s draft opinion on the European Commission’s draft adequacy decision on the proposed European Union-U.S. Data Privacy Framework (DPF).

According to the minutes, two drafting teams have been set up that are already working on the draft opinion and will continue to meet regularly. Their draft will be presented for adoption at the Feb. 28 ad hoc meeting. In addition, the minutes note that EDPB Commissioner Didier Reynders presented the EC’s draft adequacy decision from December 2022 (CPR, Dec. 13). He said the new U.S. legal framework, including President Biden’s executive order on signals intelligence activities and regulations from the Department of Justice, addressed the points raised in the Schrems II judgment regarding limitations and safeguards for data for national security purposes and the creation of a new redress mechanism.

Adoption of work program. Earlier today, the EDPB announced that it had adopted its 2023-2024 work program, setting forth its priorities and putting the board’s strategic objectives into practice. In its announcement, the EDPB said it would continue to prioritize enforcement building on several existing initiatives, including its coordinated enforcement framework. It also will keep developing guidance to support and encourage EU data protection authorities (DPAs) to use the full range of cooperation tools available to them.

The work program also contemplates additions to its existing catalog of close to 200 data protection documents and says the EDPB will continue its work on harmonizing and facilitating compliance. Specifically, the EDPB will seek to ensure decision consistency through its powers under Art. 65 of the EU General Data Protection Regulation (GDPR) to issue binding decisions and will advise EU legislators on data protection matters, including adequacy decisions.

Finally, the EDPB will continue to develop awareness-raising tools on the GDPR and intends to develop new guidance on items such as the interplay between the GDPR and the new AI Act and the use of social media by public bodies.

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