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MEPs Warn against Mass Surveillance through AI 
20 June 2022
Dr. Anna Pingen Dr. Anna Pingen
In a resolution of 3 May 2022, the European Parliament proposed an EU Roadmap for AI to 2030. MEPs acknowledged the huge benefits of using AI to address climate change, pandemics and the labour market, but warned about risks to fundamental rights. Read more
EU Artificial Intelligence (AI) Legislation Data Protection
CJEU: Consumer Protection Associations Can Bring Representative Actions under GDPR 
14 June 2022
Dr. Anna Pingen Dr. Anna Pingen
On 28 April 2022, the CJEU ruled that the GDPR does not preclude a consumer protection association from being able to bring legal proceedings, in the absence of a mandate granted to it for that purpose and independently of the infringement of the specific rights of the data subjects, against the person allegedly responsible for an infringement of the laws protecting personal data. Read more
EU Data Protection
European Data Protectors Call for Additional Safeguards in Data Act 
13 June 2022
Dr. Anna Pingen Dr. Anna Pingen
In a Joint Opinion, the EDPS and EDPB call on the co-legislators to include more safeguards in the planned Data Act to avoid lowering the protection of the fundamental rights to privacy and to the protection of personal data in practice. Read more
EU Legislation Data Protection
EDPS Annual Report 2021 
3 June 2022 (updated 4 years, 2 months ago)
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
On 20 April 2022, the EDPS published the Annual Report for the year 2021. In addition to a summary of the highlights of the work in 2021, the report offers chapters on the EDPS’ supervision and enforcement measures, especially in the area of freedom, security … Read more
EU European Data Protection Supervisor (EDPS) Data Protection
Spotlight Germany: Federal Court of Justice Confirms Use of Evidence in EncroChat Cases 
19 May 2022 (updated 3 years, 10 months ago)
Thomas Wahl Thomas Wahl in Issue 1/2022
On 2 March 2022, the Federal Court of Justice (Bundesgerichtshof) handed down the first supreme court decision in the EncroChat cases in Germany. The Court confirmed the use of evidence which was acquired by German law enforcement authorities from French counterparts. By secret interception measures, French authorities succeeded in 2020 in dismantling a supplier that offered encrypted mobile devices that were allegedly used by criminals. Read more
EU Organised Crime European Investigation Order Law Enforcement Cooperation Data Protection
Spotlight Key Proposals from the Conference on the Future of Europe in the Area of Values, Rule of Law & Security 
9 May 2022 (updated 3 years, 10 months ago)
Dr. Anna Pingen Dr. Anna Pingen in Issue 2/2022
On 29/30 April 2022, the Plenary of the Conference on the Future of Europe adopted 49 proposals on a wide range of EU topics and more than 300 measures on how to achieve them. The Conference on the Future of Europe is a bottom-up exercise … Read more
EU Rule of Law Reform of the European Union Area of Freedom, Security and Justice Cybercrime Racism and Xenophobia Data Protection
Three New Committees at EP 
26 April 2022
Dr. Anna Pingen Dr. Anna Pingen
Following a proposal by the Conference of Presidents, the European Parliament set up three new committees:A committee of inquiry to look into the Pegasus spyware;A special committee to look into malicious foreign interference;A special committee to look into the European response … Read more
EU Corona European Parliament Data Protection
Open Letter: Reconsideration of Europol’s Data Processing Capacities 
26 April 2022
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
Following the EDPS decision on the retention of datasets lacking data subject categorisation (→ related link), a consortium of 23 civil society organisations from across Europe and beyond sent an open letter to European policymakers on 26 January 2021. The letter urges them to seriously … Read more
EU Europol Data Protection
EDPS Orders Erasure of Personal Data Not Categorised by Europol 
26 April 2022 (updated 3 years, 11 months ago)
Cornelia Riehle LL.M. Cornelia Riehle LL.M. in Issue 1/2022
On 3 January 2022, the EDPS issued an order which obliges Europol to erase datasets older than six months that are lacking data subject categorisation. Read more
EU Europol Data Protection
CJEU Rules on Scope of GDPR for Tax Authority Requests 
20 April 2022
Thomas Wahl Thomas Wahl
The provisions of the General Data Protection Regulation (GDPR) do not in principle prevent the tax administration from requiring a service provider on the internet to provide it with information on taxpayers, the CJEU ruled on 24 February 2022 in Case C-175/20. However, such … Read more
EU Tax Evasion Data Protection
Commission and US Government Reach Agreement on Principles of Future Trans-Atlantic Data Privacy Framework 
12 April 2022 (updated 3 years, 10 months ago)
Thomas Wahl Thomas Wahl in Issue 1/2022
On 25 March 2022, the European Commission announced that a preliminary political agreement had been reached on the principles of the future framework for transatlantic data flows. New negotiations with the U.S. government had become necessary after the CJEU toppled the predecessor agreement, the EU-US … Read more
EU Data Protection
Report
Statewatch Report: Increasing Use of Biometric Technologies at EU Level Drives Forward Ethnic Profiling 
12 April 2022
Thomas Wahl Thomas Wahl
The ongoing rollout of biometric identification systems is likely to see ethnic minority citizens and non-citizens subjected to a growing number of unwarranted intrusions into their everyday activities, says a report by Statewatch, published in February 2022. Read more
EU Fundamental Rights Data Protection
EDPS Opinions on the Proposed Police Cooperation Code 
31 March 2022
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
On 2 and 7 March 2022, the EDPS issued two opinions on the Commission’s proposals for a Regulation on automated data exchange for police cooperation and for a Directive on information exchange between law enforcement authorities of Member States. Read more
EU Police Cooperation Data Protection
EP Adopted Position on Digital Services Act 
25 February 2022
Dr. Anna Pingen Dr. Anna Pingen
On 20 January 2022, the European Parliament adopted its position regarding the proposal for a regulation on a Single Market For Digital Services. The EP amended several dispositions of the Commission proposal. Read more
Legislation Data Protection
Commission Proposes Declaration on European Digital Rights and Principles 
25 February 2022 (updated 3 years, 7 months ago)
Dr. Anna Pingen Dr. Anna Pingen in Issue 1/2022
The Commission proposed a declaration with a set of principles that will serve as guidance for a sustainable, human-centric, and value-based digital transformation in the European Union. Read more
Fundamental Rights Legislation Data Protection
Spotlight AG: PNR Directive is in Line with EU Charter 
18 February 2022 (updated 4 years, 2 months ago)
Thomas Wahl Thomas Wahl in Issue 1/2022
In his opinion replying to a reference for preliminary ruling by the Belgian Constitutional Court, AG Pitruzzella concluded that, in essence, the EU's PNR Directive is compatible with the Charter of Fundamental Rights. Only one point in the definition of PNR data in the Annex of the Directive is too broad and thus inapplicable. The duration of retention must however be limited to what is strictly necessary. Read more
EU Data Protection