The Belgian Data Protection Authority ('Belgian DPA') issued, on 13 September 2022, an opinion expressing concern regarding a draft law amending Act of 3 December 2017 Establishing the Data Protection Authority, following prior criticism from the European Data Protection Board on such legislation. In particular, the opinion notes that changes to Article 4(1)(1) of the Act, referring only to the supervision of the General Data Protection Regulation (Regulation (EU) 2016/679) ('GDPR') and not to national legislation guaranteeing the right to data protection, risk giving the impression that the latter no longer falls within the competence of the Belgian DPA. Furthermore, the opinion adds that this provision creates legal uncertainty and it requested that it be expanded to mention national data protection legislation as well.

Moreover, the opinion addresses a provision of the draft law which provides for a right of the executive committee of the Belgian DPA to take charge of a case that is being dealt with by an internal body of the same. Specifically, the opinion highlights that this could lead to undue interference in enforcement and sanctioning procedures and, in its current wording, creates the impression that the executive committee partly determines the final decision in the same. According to the opinion, this provision would create legal uncertainty, lead to additional appeals against interim decisions from the executive committee, and threaten the essence of an independent enforcement and sanctioning procedure.

Additionally, the opinion criticises a further provision of the draft law which shortens the period in which the Belgian DPA must provide advice on legislation, stating that said provision, among other things, is contrary to the objectives of the draft law, as the Belgian DPA will no longer have time to carry out an adequate analysis. Lastly, the opinion proposes some additions to the draft law, among these that it should provide the inspection service with the ability to propose settlements.

You can read the opinion, only available in Dutch, here.