Institutional Change through Dialogue with the EU: The Data Protection Commissioner and the Data Protection Officer of the Council of Europe

This first study of the 2023 Council of Europe (CoE) Data Protection Regulations focuses on the institutional design of the Data Protection Commissioner and the Data Protection Officer (DPO). It shows that the reform of both offices was inspired by the EU offices of the EDPS and the EU DPOs. In the context of an EU-CoE dialectical relationship in data protection, the EU exerts significant influence over institutional design. The article highlights differences between those offices and their EU counterparts. In particular, the weak enforcement/monitoring powers of the CoE Commissioner limit possibilities for accountability within the organisation. The study ends with recommendations to strengthen the Commissioner’s mandate.