The Police and Criminal Justice Authorities Directive: Data protection standards and impact on the legal framework

Marquenie, Thomas

doi:10.1016/j.clsr.2017.03.009

Cited by 11 publications

(3 citation statements)

References 11 publications

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“…This is allowed if it is required for the purpose of the Directive in accordance with Article 35(1) of the DPD-PaCJ. The data must be handed over to a competent authority (Marquenie, 2017). For this purpose, an adequate level of data protection is required in the third country or at the international organization, which is decided by the European Commission on the basis of an adequacy decision in accordance with Article 36 of the DPD-PaCJ.…”

Section: Data Transfer To Third Countries And/or International Organizationsmentioning

confidence: 99%

Data Protection in Law Enforcement and Judicial Cooperation in Criminal Matters

Funta

Ondria

2021

TalTech Journal of European Studies

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The redesign of data protection in the police and judicial area is intended to create uniformity at the European level for the citizens of EU Member States. This scientific article analyses the subject of data protection in law enforcement and judicial cooperation in criminal matters. The focus is primarily on the existing provisions and the latest developments of the EU with regard to Directive (EU) 2016/680 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA. The international level with regard to data protection in the police and judicial area and possible changes due to the developments in data protection under European law are also examined in more detail.

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Section: Data Transfer To Third Countries And/or International Organizationsmentioning

confidence: 99%

Data Protection in Law Enforcement and Judicial Cooperation in Criminal Matters

Funta

Ondria

2021

TalTech Journal of European Studies

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“…[28] The LED repeals the Council Framework Decision 2008/977/JHA [29], which was very narrow in scope, only applying to cross-border transfers and exchanges of personal data, excluding domestic processing of personal data. [30] As the regulation of the processing of personal data by national law enforcement agencies has been left out of harmonization so far, a wide margin is left to the criminal procedural law of Member States to lay down requirements and safeguards. For data processing in the private sector it is logical to look for requirements and safeguards in the GDPR, but for data processing by national law enforcement agencies the LED needs to be seen together with the safeguards and requirements following from Member States' legislation that arranges the competencies of these actors.…”

Section: 2mentioning

confidence: 99%

Risk Profiling by Law Enforcement Agencies in the Big Data Era: Is There a Need for Transparency?

Schendel

2019

Privacy and Identity Management. Fairness, Accountability, and Transparency in the Age of Big Data

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This paper looks at the use of risk profiles by law enforcement in the age of Big Data. First, the paper discusses different use-types of risk profiling. Subsequently, the paper deals with the following three categories of challenges of risk profiling: a) false positives (and to some extent false negatives) as well as incorrect data and erroneous analysis, b) discrimination and stigmatization, c) and maintaining appropriate procedural safeguards. Based on the hypothesis of risk profiling creating challenges, this paper addresses the question whether we need transparency of risk profiling by law enforcement actors, from the perspective of protecting fundamental rights of those affected by the use of risk profiles. The paper explores tackling these challenges from the angle of transparency, introducing Heald's varieties of transparency as a theoretical model.

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“…The directive is not applying outside of the boundaries of community law. Despite of that, the member states have widened the scope of the directive by engagement of the directive to the national law [1,26]. The need for a specific regulation for field was acknowledged already in 1987, by the council of Europe.…”

Section: Data Exchange and Protection In The Field Of Police And Justicementioning

confidence: 99%

Implementation of Information Security in the EU Information Systems

Järvsoo

Norta

Tsap

et al. 2018

Lecture Notes in Computer Science

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In this paper we present the findings of a case-study on IT system security in the area of EU internal security and justice. We have analyzed the implementation of information security for the EU information systems EURODAC, SIS II and VIS in case of Estonia. The analysis comes in a situation, where there are multiple regulations, directives, guidelines; but it lacks a unified standard for the implementation of the member states subsystems. The main finding is that a separate standard is not necessary; however, there is a need for setting minimum requirements, ensuring security of the information systems, that come with appropriate guidelines that help the member states to achieve the minimum requirements. The second finding is that there is a need for greater cooperation and an increased knowledge exchange of the methods used in the member states. Following defined guidelines and exchanging knowledge would help to strengthen the level of security for the entire system.

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The Police and Criminal Justice Authorities Directive: Data protection standards and impact on the legal framework

Cited by 11 publications

References 11 publications

Data Protection in Law Enforcement and Judicial Cooperation in Criminal Matters

Data Protection in Law Enforcement and Judicial Cooperation in Criminal Matters

Risk Profiling by Law Enforcement Agencies in the Big Data Era: Is There a Need for Transparency?

Implementation of Information Security in the EU Information Systems

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