Search and filter

News Guide

Region
Foundations
Institutions
Specific Areas of Crime
Procedural Criminal Law 1 selected
Cooperation

Publication

Year
Type
Clear all

News

187 results

Spotlight AG: Data Retention Should Be Strictly Limited 
4 May 2020 (updated 5 years, 8 months ago)
Thomas Wahl Thomas Wahl
Advocate General (AG) Manuel Campos Sánchez-Bordona advocates that the CJEU’s rather restrictive case law on the retention of personal data and access to these data by law enforcement or intelligence authorities should be upheld. Following the judgment in the Joined Cases C-203/15, Tele2 Sverige, and … Read more
EU Data Protection Procedural Safeguards
EDPS Opinion on Europol Agreement with New Zealand Published 
28 March 2020
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
On 31 January 2020, the European Data Protection Supervisor (EDPS) published its Opinion on the negotiating mandate to conclude an international agreement on the exchange of personal data between Europol and New Zealand. The Agreement shall provide the legal basis for the transfer of … Read more
EU Europol Data Protection
EDPS: New Proportionality Guidelines 
18 February 2020
Thomas Wahl Thomas Wahl
On 19 December 2019, the European Data Protection Supervisor issued guidelines on assessing the proportionality of measures that limit the fundamental rights to privacy and to the protection of personal data. The guidelines aim at providing policymakers and legislators with practical tools to help assess … Read more
EU Data Protection
CJEU Rules on Lawfulness of Video Surveillance in Residential Buildings 
18 February 2020 (updated 4 years, 10 months ago)
Thomas Wahl Thomas Wahl
On 11 December 2019, the CJEU ruled that national provisions which authorise the installation of a video surveillance system on buildings, for the purpose of pursuing the legitimate interest of ensuring the safety and protection of individuals and property, without the consent of the data … Read more
EU Rule of Law Court of Justice of the European Union (CJEU) Data Protection
EU-US Privacy Shield – Third Annual Review 
18 February 2020
Thomas Wahl Thomas Wahl
Despite efforts made by the United States authorities and the European Commission to implement the EU-US Privacy Shield, e.g., ex officio oversight and enforcement actions, the European Data Protection Board (EDPB) still voiced concerns over adequate data protection that must be addressed by both the … Read more
EU Data Protection
Council Push on Data Retention to Fight Crime 
18 February 2020
Thomas Wahl Thomas Wahl
The Council closely monitors progress made by the Commission in the implementation of Council conclusions on the retention of data for the purpose of fighting crime, which were adopted in June 2019 (see eucrim 2/2019, p. 106). At the JHA Council meeting of 2-3 December … Read more
EU Data Protection
Council Conclusions on Widening Scope of PNR Collection 
18 February 2020
Thomas Wahl Thomas Wahl
The justice and home affairs ministers of the Members States adopted conclusions on widening the scope of PNR data at the JHA Council meeting on 2 December 2019. As reported in eucrim 2/2019, p. 105, the Finnish Presidency took the initiative of launching the debate … Read more
EU Data Protection
Compliance with Terrorist Finance Tracking Programme Agreement 
17 February 2020
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
On 14 November 2019, the European Data Protection Supervisor (EDPS) published his inspection report on Europol’s compliance with Article 4 of the TFTP Agreement (Agreement between the EU and the USA on the processing and transfer of Financial Messaging Data from the EU to the … Read more
EU Europol Data Protection
NGOs Urge U.S. Congress to Oppose US-UK CLOUD Act Agreement 
12 January 2020 (updated 3 years, 11 months ago)
Thomas Wahl Thomas Wahl in Issue 3/2019
On 29 October 2019, twenty privacy, civil liberties, and human rights organizations jointly addressed U.S. Congress committee chairmen to stop the US-UK CLOUD Act Executive Agreement signed on 3 October 2019. It will allow direct access by the party’s law enforcement bodies to personal data … Read more
EU Law Enforcement Cooperation Data Protection
Federal Administrative Court Refers German Data Retention Law to European Court of Justice 
12 January 2020 (updated 5 years, 6 months ago)
Christine Götz Christine Götz in Issue 3/2019
On 25 September 2019, the German Federal Administrative Court (Bundesverwaltungsgericht) decided to refer to the European Court of Justice in order to clarify whether the German data retention law is compatible with Union law.The German Federal Administrative Court now has to decide … Read more
EU Court of Justice of the European Union (CJEU) Data Protection
EU Governments Look into Future of Interoperability 
12 January 2020 (updated 6 years, 8 months ago)
Thomas Wahl Thomas Wahl
After having agreed on the legal framework of the interoperability of EU Information Systems designed for border/migration control and police/judicial cooperation (see eucrim 2/2019, p. 103), delegations from the Member States’ governments are now discussing further extensions. The Finnish Council Presidency continued discussions that … Read more
EU Judicial Cooperation Police Cooperation Data Protection
Security Union: Commission Wants Mandate for EU-Japan PNR Agreement 
12 January 2020
Thomas Wahl Thomas Wahl
During the EU-Asia Connectivity Forum held in Brussels on 27 September 2019, Commission President Jean-Claude Juncker announced that the Commission recommended that the Council give green light to open negotiations with Japan on the transfer of Passenger Name Records (PNR). PNR are travel information data … Read more
EU Terrorism Data Protection
Council: The Way Forward in Data Retention 
10 September 2019 (updated 5 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2019
The Council remains committed to establishing a European regime on the retention of electronic communication data for the purpose of fighting crime. Following the conclusions on data retention drawn under the Austrian Council Presidency in December 2018, the JHA Council again adopted conclusions in the matter at the end of the Romanian Council Presidency at its meeting on 6 June 2019. Read more
EU Law Enforcement Cooperation Data Protection
PNR Collection Also for Maritime and Railway Traffic? 
10 September 2019
Thomas Wahl Thomas Wahl
The Finnish Council Presidency intensifies discussion on whether the scope of the EU’s Directive on the use of passenger name record (PNR) data for the prevention, detection, investigation, and prosecution of terrorist offences and serious crime (Directive (EU) 2016/681) should be broadened. In a discussion paper, tabled on 25 June 2019, the Finnish Presidency invites the other Member States to discuss the usefulness and benefits of gathering PNR on other travelling forms. Read more
EU Law Enforcement Cooperation Data Protection
Reference for Preliminary Ruling on Data Protection and Judicial Independence 
10 September 2019
Thomas Wahl Thomas Wahl
The Administrative Court of Wiesbaden, Germany referred two questions for a preliminary ruling to the CJEU that deal with Regulation 2016/ 679 ‒ the General Data Protection Regulation (GDPR) – and the independence of the judiciary in the federal state of Hesse. Read more
EU Fundamental Rights Data Protection
Draft Data Protection Guidelines on Videosurveillance 
10 September 2019
Thomas Wahl Thomas Wahl
On 10 July 2019, the European Data Protection Board (EDPB) published draft guidelines on processing of personal data through video devices. The aim of the guidelines is to ensure the correct, consistent application of the EU’s General Data Protection Regulation (GDPR) in cases of … Read more
EU Data Protection