European discussions can't agree on the appointment of a European privacy-czar. The European parliament insists on choosing Joaquín Bayo Delgado, who has no experience in data protection issues, as the new EU Data Protection Supervisor. The Council favours the Dutch Data Protection Commissioner Peter Hustinx.

Jorge Salvador Hernández Mollar, the President of the European Parliament's Committee on Citizens' Freedoms and Rights, Justice and Home Affairs (LIBE), recently made a move to break the blockade between the Parliament and the Council on the issue. In a letter sent on 10 October to Umberto Vattani, the Permanent Representative of Italy with the European Union, Mr. Hernández expresses the hope that "each institution should accept the first choice of the others", which seems to be diplomatic language meaning that the Council should accept the choice of the Parliament.

LIBE's indicative vote on 20 May 20 showed a slight but clear majority of votes for Joaquín Bayo Delgado, the only candidate from the nine-person list with no experience in Data Protection whatsoever. The Greek Council Presidency made it known to the Parliament that it would not accept this candidate. The Council instead favoured Peter Hustinx, the Dutch Data Protection Commissioner, who has indeed been very active on the international scene.

In an informal meeting following the vote both institutions agreed to disagree, sticking to their different candidates. The rules for the nomination of the Data Protection Commissioner and his Assistant did not foresee any procedure for such a situation. Blame it on the rules - since then, the silence between the Council and Parliament was only interrupted by occasional letters confirming to the respective other side that the authors were still not willing to leave their positions. Mr. Hernández, it seems, was hoping for the Greek Presidency to be replaced by Italy, whose government is politically closer to his own Spanish Popular Party. The two parties are also in the same Group within the European Parliament, the Conservative PPE. The fact that Italy has still not reacted, however, may be an indication that the split doesn't follow party lines, but that the question is understood as a national issue. The other outspoken backer of Mr. Bayo Delgado, besides Mr. Hernández, is Ana Terrón i Cusí. She is a member of the Social Democrat PSE Group, but she is Spanish, as are Hernández Mollar and Bayo Delgado.

The procedure of choosing an EU Data Protection Supervisor started one year ago.

EU Commission: EU Data Protection Supervisor
http://europa.eu.int/comm/internal_market/privacy/application_en.htm

Outsider recommended as new EU Data Protection Supervisor (EDRI-gram 9)
http://www.edri.org/cgi-bin/index?funktion=view&id=000100000098

EU data protection supervisor: contest not over yet (EDRI-gram 10)
http://www.edri.org/cgi-bin/index?funktion=view&id=000100000099

(Contribution by Andreas Dietl, consultant on EU privacy issues)