“On 15 April 2011, the European Data Protection Supervisor (EDPS) adopted an opinion on the Commission’s proposal aimed at revising the financial rules applicable to the annual budget of the European Union (“EU Financial Regulation”). The proposal covers several matters which involve the processing of personal data by the EU institutions and by entities at Member State level. One of the most significant new elements introduced by the proposal is the possibility to publish decisions on administrative and financial penalties. Such publication would entail the disclosure of information about the person concerned in an identifiable way. The EDPS believes that this provision does not meet the requirements of data protection law. To better comply with data protection rules, it should be improved by explicitly indicating the purpose for the disclosure and by ensuring the consistent application of the possibility of what is in fact naming and shaming of persons, with use of clear criteria to demonstrate the necessity of the disclosure.”
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