Enforcement Subgroup
6 September 2018 - 10:00-16:30
(Rue Montoyer 59, Brussels)
1. Welcome
a) Adoption of agenda
Agenda was adopted
b) Adoption of the minutes of 8 May 2018
The minutes were adopted
2. Cooperation and enforcement
a) Trends in ongoing cases + b) Procedural issues
Members discussed the feedback received on the questionnaires (Feedback loop and Discussion live
cases).
3. Ongoing cases
4. Projects
TO DO:
Rapporteurs
5. Questionnaires
a) Questionnaires general update
The Secretariat asked the members to make sure that it receives all answers that were given before
the 25th May and that the answers are (still) correct.
b) Questionnaires on secrecy + investigation powers
During the last Plenary, the Enforcement subgroup highlighted the importance of a full response to
questionnaires – especially where the different national procedural rules are concerned. The
Enforcement subgroup has announced the re-issuing of four of its most pressing earlier
questionnaires: on secrecy, on inspection powers (upon foreign investigators), on enforcement
communication and on fines on public bodies.
After getting in contact with the Secretariat and the initiators of the questionnaires
, the two first questionnaires were re-issued by the Secretariat. More than 10 answers
are still missing. Therefore, the Secretariat will circulate again the questionnaires for the members to
answer. The deadline will be 12 October.
As to the two other questionnaires, they will be sent out by the Secretariat. The results will be
collected and disseminated by the Secretariat as soon as possible.
TO DO:
-
SEC: send again questionnaires on joint operations and confidentiality (deadline for feedback: 12
October 2018)
-
SEC: circulate the other questionnaires on enforcement communication and on fines on public bodies
6. Work plan Enforcement subgroup
a) To do list for the next months
The coordinators reported on the outstanding tasks.
b) Future of the Enforcement Subgroup + work plan 2019-2020
The members discussed the idea of merging the Cooperation and Enforcement Subgroup. The
majority of the members that made a statement were against merging. The functions of the subgroup
as described by the coordinators in the agenda were supported.
7. Miscellaneous
a) Wirtschaftsakademie – implications for enforcement in pre-GDPR cases (for discussion)
The UBER case was discussed in the light of the CJEU ruling in the WAK./.ULD Schleswig-Holstein case.
b) Flowchart competence (for information)
The members were informed about the fact that a flowchart on OSS exists and might be helpful for
cooperation purposes.
c) AOB, to do list and next meetings
Next meeting: 16 November
The coordinators explain that the meetings scheduled for 2019 (22 February, 18 April, 21 June) are to
be seen as a draft, but not definitive yet.
To do :
- Coordinators + TBD: prepare a
- Rapporteurs
send document on enforcement strategy to the plenary circulation and
draft info note
- SEC: send again questionnaires on joint operations and confidentiality (deadline for feedback: 12
October 2018
- SEC: circulate the other questionnaires on enforcement communication and on fines on public bodies
Attendants:
AT, BE, COM, DE, DK, SEC, EE, EL, ES, EDPS, FI, FR, HU, IE, IT, LU, LV, MD, NL, NO, PT, RO, SE, SI