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Implementation of the GDPR: Commission Generally Satisfied 
10 September 2019
Thomas Wahl Thomas Wahl
Over a year after the application of the General Data Protection Regulation (GDPR), the European Commission makes an overall positive assessment. In a report, published on 24 July 2019, the Commission concludes that most Member States have set up the necessary legal framework and that the new governance system is falling into place. Read more
EU Data Protection
Infringement Proceedings for Not Having Transposed EU Data Protection Directive 
10 September 2019
Thomas Wahl Thomas Wahl
On 25 July 2019, the Commission lodged an infringement action against Greece and Spain before the CJEU for having failed to transpose Directive 2016/680 regarding the protection of personal data by law enforcement authorities. On the same day, the Commission started an infringement procedure against Germany for not having completely transposed Directive 2016/680. Read more
EU Data Protection
Spotlight Works on Interoperability of EU Information Systems Can Start – Legal Framework Established 
10 September 2019 (updated 4 years, 5 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2019
On 22 May 2019, the new rules establishing a framework for interoperability between EU information systems in the field of borders and visa (Regulation (EU) 2019/817) and in the field of police and judicial cooperation, asylum and migration (Regulation (EU) 2019/818) were published in the Official Journal of the European Union. Read more
EU Law Enforcement Cooperation Data Protection
EDPS Criticises Commission Interoperability Plans by ETIAS 
19 June 2019
Thomas Wahl Thomas Wahl
The European Data Protection Supervisor (EDPS) criticised the way the European Commission prepares the interconnection between the European Travel Information and Authorisation System (ETIAS) established in late 2018 (see eucrim 2/2018, 82/84) and the other four EU information systems, i.e., the SIS, ECRIS-TCN, VIS, … Read more
EU Data Protection
Retention of Telecommunications Data Continue to Be on the Text Bench 
19 June 2019 (updated 7 years ago)
Thomas Wahl Thomas Wahl
After the Council launched a reflection process on the retention of telecommunications data, and after an exchange of views on the state of play and the way forward at the JHA Council meeting of 6-7 December 2018 (see eucrim 4/2018, 201), work continued on the … Read more
EU Data Protection
Collection of PNR Data Under Judicial Scrutiny in Germany 
17 June 2019
Thomas Wahl Thomas Wahl
The debate on the retention of passenger name records (PNR) data has gained new momentum in Germany. On 14 May 2019, the “Gesellschaft für Freiheitsrechte” (GFF) informed the public that it brought actions before the administrative court of Wiesbaden and other local civil law courts … Read more
EU Data Protection
Report
"Freedom AND Security - Killing the zero sum process #kill0sum" 
19 April 2019
Thomas Wahl Thomas Wahl
22-23 November 2018, The Hague Europol published the conference report of an inspiring, unconventional data protection conference that took place at Europol headquarters in autumn 2018.Speakers and participants came from different sectors all over the world, including practicing officials and lawyers, data protection … Read more
EU Data Protection
FRA Handbook on Profiling 
18 February 2019
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
In December 2018, FRA published a handbook aiming to contribute to the prevention of unlawful profiling. Read more
EU Data Protection
The Awakening of EU Data Retention Rules 
18 February 2019 (updated 7 years, 4 months ago)
Thomas Wahl Thomas Wahl
At the Council meeting of 6-7 December 2018, the JHA ministers of the EU Member States reiterated their support for EU-wide legislation on data retention. They encouraged the continuation of work at the expert level to develop a new concept after the 2006 "date retention Directive" was declared void by the CJEU in 2014. Read more
EU Data Protection
Spotlight New Legal Framework for Schengen Information System 
18 February 2019 (updated 3 years, 3 months ago)
Thomas Wahl Thomas Wahl in Issue 4/2018
New alerts on criminals and return decisions; greater vigilance for terrorist offences; better protection for children at risk of abduction; and enhanced data protection. These are the main features of the new legal framework for the EU’s largest security database, the Schengen Information System (SIS). Read more
EU Schengen Data Protection
Spotlight New Data Protection Framework for EU Institutions 
17 February 2019
Thomas Wahl Thomas Wahl
The European Union has a new legal framework for the protection of personal data processed by Union institutions, bodies, offices and agencies. The underlying Regulation (EU) 2018/1725 repeals Regulation (EC) No 45/2001 and Decision No 1247/2002/EC which date back to the pre-Lisbon era and did not cover the processing of personal data within all Union institutions and bodies. Read more
EU Data Protection
CCBE Makes Critical Statement on E-Evidence Proposal 
16 January 2019
Thomas Wahl Thomas Wahl
On 19 October 2018, the CCBE delivered a critical viewpoint on the Commison’s proposal of April 2018 for a Regulation on European Production and Preservation Orders for electronic evidence in criminal matters. It further develops its critical position it issued in previous comments. Read more
EU Fundamental Rights Law Enforcement Cooperation Data Protection
EDPB Criticises E-Evidence Proposals 
16 January 2019
Thomas Wahl Thomas Wahl
On 26 September 2018, the European Data Protection Board (EDPB) adopted a critical opinion regarding the Commission proposals on European Production and Preservation Orders for electronic evidence in criminal matters. Read more
EU Law Enforcement Cooperation Data Protection
EP Takes Position on Interoperability Legal Framework 
16 January 2019
Thomas Wahl Thomas Wahl
On 24 October 2018, the plenary of the European Parliament backed the position of the LIBE Committee regarding legislative proposals on the interoperability between EU information systems in the area of justice and home affairs. EP negotiators have now green light to enter into informal talks with the Council and the Commission. Read more
EU Data Protection
Spotlight CJEU Backs Police Access to Retained Data in Minor Offences 
16 January 2019 (updated 4 years, 8 months ago)
Thomas Wahl Thomas Wahl in Issue 3/2018
On 2 October 2018, the CJEU delivered another important judgment on data protection and on access by public authorities to retained provider data. The CJEU concluded that law enforcement authorities can also access personal data retained by providers of electronic communications in cases of criminal offences that are not particularly serious. It is a pre-condition, however, that access does not constitute a serous infringement of privacy. Read more
EU Fundamental Rights Court of Justice of the European Union (CJEU) Data Protection
ETIAS Fundamental Rights Guidance Board 
16 January 2019 (updated 1 year, 10 months ago)
Cornelia Riehle LL.M. Cornelia Riehle LL.M. in Issue 3/2018
FRA is joining the Fundamental Rights Guidance Board of the newly established European Travel Information and Authorisation System (ETIAS). The Board will review how the processing of ETIAS applications impacts fundamental rights.ETIAS is a central, electronic system by means of which visa-free travellers can … Read more
EU Schengen Agency for Fundamental Rights (FRA) Data Protection