The appointment of a new European Data Protection Supervisor (EDPS) remains stalled as Denmark attempts to broker a deal between European Union lawmakers and national governments. The ongoing standoff, which began after the previous EDPS’s mandate expired in December 2024, centers on who should oversee data protection within the EU institutions. Denmark, currently holding the rotating presidency, aims to resolve the issue before the end of the year, but progress has been slow.
The delay impacts the EDPS’s ability to fully weigh in on crucial upcoming digital legislation, including revisions to the Artificial Intelligence Act. According to officials familiar with the matter, no meeting between EU lawmakers has been scheduled yet, despite Denmark’s efforts to facilitate discussions. The EDPS role, established in 2004, is vital for ensuring EU institutions adhere to personal data rules and providing opinions on proposed laws.
The Impasse Over the European Data Protection Supervisor
The European Commission shortlisted four candidates earlier this year, with the European Parliament’s LIBE committee ultimately voting in favor of Bruno Gencarelli, a long-time Commission official. However, member states are reportedly backing current EDPS Wojciech Wiewiórowski for a second term. This disagreement has created a deadlock, leaving Wiewiórowski in office on a temporary basis.
Gencarelli brings 12 years of experience in data protection management within the Commission, most recently advising former EU Justice Commissioner Didier Reynders. His expertise lies in international data flows and data protection policy. Wiewiórowski, previously the head of Poland’s data protection office, has served as EDPS since 2019.
The Growing Importance of the EDPS Role
The EDPS’s responsibilities have expanded significantly in recent years, particularly as the EU pushes forward with ambitious digital policies. The incoming supervisor will play a key role in advising on the Commission’s efforts to simplify tech legislation, such as the recently presented digital omnibus package. This package aims to amend existing laws, including the AI Act, to streamline implementation.
Isabelle Roccia, Managing Director Europe at the IAPP, emphasized the importance of the position, stating that the appointee will be a crucial voice in balancing competitiveness with European data protection values. This is particularly relevant as the Commission seeks to foster innovation while upholding strict privacy standards. The debate around data privacy is central to the discussion.
The lack of a permanent EDPS also comes at a time when the EU is grappling with complex issues surrounding digital regulation and international data transfers. The supervisor’s guidance is essential for navigating these challenges and ensuring consistent application of EU law.
Previous attempts to appoint an EDPS have also faced delays. In 2014, the selection panel determined that none of the initial candidates met the required qualifications. This history underscores the difficulty in finding a candidate who satisfies both the Parliament and the member states.
The office of Javier Zarzalejos, chair of the Parliament’s Civil Liberties, Justice and Home Affairs Committee, has not yet commented on the current situation. The European Commission has stated it is unable to provide updates on the selection process, noting there is no strict legal deadline for completion.
As the year draws to a close, the pressure is on Denmark to facilitate a breakthrough. Observers will be watching closely to see if a meeting between lawmakers can be scheduled and whether a compromise can be reached. The resolution of this impasse is critical for ensuring effective data protection oversight within the EU. Stay informed about developments in the European Parliament and follow updates on the EDPS website for the latest news.
