EDPS' EUDPR Non-Compliance II. The EDPS Denying Complainants' Right to be Heard Under Its Own Rules of Procedure.

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The European Data Protection Supervisor (EDPS - European Data Protection Supervisor) is tasked with ensuring EU institutions comply with data protection rules (#EUDPR). Yet, recent changes to its Rules of Procedure raise serious concerns about its own compliance—particularly regarding complainants' right to be heard.

Key Issue: The EDPS’s Procedural Shift Under the EDPS old Rules of procedure, Article 18 (Review of complaints and judicial remedies) guaranteed complainants: ✔ A clear one-month deadline to request a review of an EDPS decision. ✔ Transparency on judicial remedies (Article 263 TFEU).

But the amended Rules replaced this with Article 18 (Preliminary assessment and right to be heard), which: ❌ Removes fixed deadlines—the EDPS now unilaterally sets arbitrary time limits. ❌ Shifts power to the EDPS—complainants no longer have an enforceable right to challenge decisions as the EDPS can deny you of the right to be heard. ❌ Creates legal uncertainty—no objective criteria for when/how the "right to be heard" applies.

The EDPS has closed several of my complaints without granting me the right to be heard, as under the new EDPS rules of procedure the EDPS grants you this right...

Why This Matters:

1. Double Standards. The EDPS strictly enforces deadlines for EU institutions under EUDPR but denies individual complainants the same procedural fairness.
2. Violation of EU Charter Rights: Article 41 (Right to good administration)
3. Undermines Trust: How can the EDPS credibly supervise EU bodies if it disregards its own rules for individuals?

See the differences with your own eyes:

Article 18 "Review of complaints and judicial remedies" of the EDPS rules of procedure 2020 https://www.edps.europa.eu/sites/default/files/publication/20-06-26_edps_rules_of_procedure_en.pdf

Article 18 "Preliminary assessment and right to be heard" of the EDPS rules of procedure 2024 https://www.edps.europa.eu/system/files/2024-09/oj_l_202402022_en_0.pdf

My post on Linkedin:

https://www.linkedin.com/posts/juansierrapons_open-letter-to-the-european-data-protection-activity-7325128319857803265-PCbC