Ombudsman

The position of European Ombudsman was created by the Treaty on European Union (Maastricht, 1992). The Ombudsman acts as an intermediary between the citizen and the EU authorities. He is entitled to receive and investigate complaints from EU citizens, businesses and institutions, and from anyone residing or having their legal domicile in an EU country.

The Ombudsman is elected by the European Parliament for a renewable term of five years, which corresponds to Parliament's legislative term.

He helps to uncover "maladministration" in the European institutions and other EU bodies. "Maladministration" means poor or failed administration - in other words, an EU institution fails to do something it should have done, or does it the wrong way, or does something that ought not to be done. Examples of maladministration are:

• unfairness,
• discrimination,
• abuse of power,
• lack or refusal of information,
• unnecessary delay,
• incorrect procedures.

The Ombudsman can make recommendations to the EU institutions and may refer a matter to the European Parliament so that it can take whatever political action is necessary.

The Ombudsman operates completely independently and impartially. He does not request or accept instructions from any government or organisation. Moreover, during his term of office, he may not exercise any other professional activity, either paid or unpaid.

Mr Nikiforos Diamandouros took over the post of Ombudsman in April 2003.

The European Data Protection Supervisor

The position of European Data Protection Supervisor (EDPS) was created in 2003 under the European Community Treaty.

The responsibility of the EDPS is to make sure that EU institutions or bodies respect people’s right to privacy when processing their personal data.

The Supervisor and an Assistant Supervisor are appointed by the European Parliament and the Council of the European Union, for a renewable term of five years.

When EU institutions or bodies process personal data about an identifiable person, they must respect that person’s right to privacy. The EDPS makes sure they do so, and advises them on all aspects of personal data processing.

"Processing" covers activities such as collecting, recording, organising and storing information, retrieving it for consultation, sending it or making it available to other people, and also blocking, erasing or destroying data.

There are strict privacy rules governing these activities. For example, EU institutions and bodies are not allowed to process personal data that reveals your racial or ethnic origin, political opinions, religious or philosophical beliefs or trade-union membership. Nor may they process data on your health or sex life, unless the data is needed for health care purposes. Even then, the data must be processed by a health professional or other person who is sworn to professional secrecy.

The EDPS works with the Data Protection Officers in each EU institution or body to ensure that the date privacy rules are applied.

In 2004, Mr Peter Hustinx was appointed as European Data Protection Supervisor and Mr Joaquin Bayo Delgado as the Assistant Supervisor.