The opinion adopted by the European Data Protection Supervisor (EDPS) on the proposed package for a reform of the EU rules on data protection welcomes the strengthening of the right to data protection in Europe, but expresses concerns as regards the possibilities for restricting basic principles and rights among other things.

In the opinion adopted by Peter Hustinx, the European Data Protection Supervisor (EDPS), the proposed package by the Commission in January 2012 for a reform of the EU rules on data protection constitutes a huge step forward for the right to data protection in Europe, but is still far from a comprehensive set of data protection rules on national and EU level in all areas of EU policy. Moreover, for Mr Hustinx the proposals are disappointing in the law enforcement area, and leave many existing EU data protection instruments untouched, such as the data protection rules for the EU institutions and bodies and also all the specific law enforcement instruments.

With regard to the proposals, the EDPS has concerns as regards the possibilities for restricting basic principles and rights, the possible derogation for transferring data to third countries, the excessive powers granted to the Commission in the mechanism designed to ensure consistency among supervisory authorities, and the new ground for exceptions to the purpose limitation principle.

In particular, the EDPS lists as particular worrying the lack of legal certainty about the further use of personal data by law enforcement authorities, the lack of a general duty for law enforcement authorities to demonstrate compliance with data protection requirements, the weak conditions for transfers to third countries, and the unduly limited powers of supervisory authorities.