[Interview] Europe’s data chief on sharing info with US: ‘The concerns are really big’

EUobserver sat down for an interview with Wojciech Wiewiórowski, the EU’s Data Protection Supervisor.

Wiewiórowski, from Poland, caused headlines this month with his annual report, highlighting how complaints of data-breaches against Europol, the continent’s supra-police force had soared.

He also talks about data concerns over NGOs working in Palestine, sharing information with the US, border control data and more.

In light of Israel’s increasing scrutiny of European (and non-European) humanitarian groups in Palestine, what steps will be taken with regard to data sharing with Israel and to protect NGOs in Palestine?

The European Data Protection Board (EDPB) was not the addressee of the complaints so far, but that’s because we are only supervising EU institutions. The complaints were landing in the authorities of the member states where the NGOs are located and registered. We are however taking part in discussions with the EDPB on the subject of EU institutions sharing data. When thinking about the framework of the transfer of data to a third country, which Israel is, I’m not aware of any discussion on the changes in the procedure that determines a country adequate for sharing data. And once again, that’s a procedure in which the EDPS has a lower role than the national data protection authorities.

That’s surprising. 

That’s because the opinion on the adequacy decision is prepared by the European Data Protection Board. That’s not the common decision of the EDPS and EDPB. So we are taking part in it, but we do not have such a role as in the legal acts. If I can get out of the position of the EDPS and say, individually about this case, then yes, I do have concerns, because the data which is required from the people who want to operate in the Gaza Strip is not only about them but also about members of their family, the people they were working with, and people who are not involved in the operation.

Should we worried about the transatlantic security data-sharing agreement with the United States given the Americans want access to our biometric data? Can the European Commission or member states truly ensure this data is secured once it goes to the US?

On one hand, it has some pros, but the concerns are really big.