—Giovanni Buttarelli—

"A visionary who advanced the cause of privacy in Europe and around the world" (Tim Cook)

We have lost an important voice of elementary freedom. Giovanni Buttarelli, European Data Protection Supervisor ("EDPS") until his death and in this role responsible for monitoring EU institutions' data protection compliance, left us last night (see, Official Notice).

His work, however, remains present; his constant commitment to the rights and freedoms in various offices of the EU and the Italian Republic is exemplary. A law graduate and professor of law, he has participated and proven himself in all state powers. Among others, he was a member of the Council of the EU and of Europe, the former Art. 29 Working Party and the OSCE' Moscow Mechanism, but also worked as a legislative advisor and in the Italian judiciary. Among his many achievements is the establishment of the Italian Supervisory Authority (the "Garante", see Il cordoglio dell'Autorità).

Buttarelli has insistently reminded us that the individual with inalienable rights and freedoms must always be at the centre, and not just a willful provider of personal data in an age whose appetite for it seems more unsatistied than ever before.

A number of recent 'data scandals' have already touched on this—Buttarelli, on the other hand, has for a while pointed out the serious consequences of large scale data processing. A threat to the individual could also present itself as a threat to society, democracy and the environment. He drew attention to the widening differences in the "Digital Dividend", as an unequally distributed power over our digital lifes, freedoms and privacy may ultimately provide the basis for social conflicts.

Buttarelli did not hesitate to point out the flaws of the GDPR, as well as of the national law, but looked at the day of its full applicability (May 25, 2018) as "a day of departure and not a day of arrival", see also the video below:

He considered the GDPR's high data protection level as a global yardstick for the development of new technologies and would always strive for less formalities, more transparency, and ultimately more effective guarantees for citizens. At the same time, he stayed loyal to his roots and hoped that one day there would be certifications and codes of conduct "made in Italy" recognized across borders.

Buttarelli was also critical about the EU ePrivacy Regulation, which has still not been adopted. He also called for greater protection for data subjects who do not participate directly in communication processes and against so-called "tracking walls", which attempt to "force" website visitors to consent to the use of cookies. Those who read the EDPS's relevant Opinions (July 2016, April 2017, October 2017) will feel the scent of freedom as well as the careful judgment, always ensuring that legal provisions remain clear and powerful.

On a transatlantic level he also defended his values without ceasing. He once described the EU-U.S. Privacy Shield, whose implementation is currently being reviewed for the third consecutive year, as an "instrument of the past" in view of the very wide territorial scope of the GDPR, but without ever forgetting the importance of the U.S. as a strategic partner. He was critical of sweeping monitoring measures and bulk collection, and thus exactly expressed what the majority of European data protectors feel. His words have undoubtedly echoed where they should.

Luis Alberto Montezuma, Deputy Assistant to the Chair of Colombia’s Data Protection Authority (Superintendencia de Industria y Comercio), recalls that during his visits to Latin America, Buttarelli always stressed the importance of global cooperation between Data Protection Authorities to ensure convergence and tackle fragmentation in regulatory approaches in LATAM. Unfortunately, the feeling remains that "the homework has not been done", explains Montezuma. Buttarelli promoted the implementation of Data Ethics in the Digital Era, when it comes to, inter alia, Intelligence Artifical and Smart Glasses. Montezuma also underlines that DPAs around the globe have taken Buttarelli's opinions into consideration to resolve cases and to issue their own guidelines.

Buttarelli would have held his post as EDPS until December this year, and it is more than regrettable that he was not granted his chance to achieve this. Europe holds on for a moment, hoping that his successor will continue his work with the same creative urge and an unwavering sense of the many modern threats to democratic achievements.

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Press release of the EDPS of 26 August 2018:

In accordance with article 100(4) of the Regulation (EU) 2018/1725, Wojciech Wiewiórowski, Assistant Supervisor, is acting as a replacement for European Data Protection Supervisor Giovanni Buttarelli until the end of the current Assistant Supervisor’s term of office on 5 December 2019.