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Data Protection
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Spain Must Pay for Non-Transposition of EU Data Protection Directive
20 March 2021
(updated 5 years, 6 months ago)
Thomas Wahl
On 25 February 2021, the CJEU ordered Spain to pay a lump sum of € 15 million and a daily penalty payment of €89,000 for its ongoing failure to transpose Directive 2016/680 regarding the protection of personal data by law enforcement authorities (for the Directive …
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EU
Fundamental Rights
Data Protection
Commission Admits Initiative against Biometric Mass Surveillance
20 March 2021
Thomas Wahl
On 7 January 2021, the Commission decided to register a European Citizens’ Initiative entitled: “Civil society initiative for a ban on biometric mass surveillance practices.” The organisers call on the European Commission to strictly regulate the use of biometric technologies in order to …
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EU
Commission
Data Protection
Council Agrees on Negotiating Mandate for E-Privacy Regulation – Data Retention Included
20 March 2021
Thomas Wahl
On 10 February 2021, the Council agreed on a negotiating mandate for the planned Regulation “concerning the respect for private life and the protection of personal data in electronic communications” (e-Privacy Regulation). Although the Commission presented its proposal (COM(2017) 10 final) in January …
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EU
Council
Data Protection
Portuguese Council Presidency Pushes Forward EU Data Retention Law
20 March 2021
(updated 5 years, 5 months ago)
Thomas Wahl
Following the CJEU’s landmark judgment from 6 October 2020 in La Quadrature du Net and Others (→ eucrim 2/2020, 3/2020, 184-186), the Portuguese Council Presidency wishes to make progress in drafting new EU legislation to harmonise the public authorities’ access to traffic and location …
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EU
Legislation
Council
Data Protection
Spotlight
CJEU Confirms Strict Limitations of Data Retention
20 March 2021
(updated 1 year, 11 months ago)
Thomas Wahl
in Issue
1/2021
In its judgment of 2 March 2021 on the Estonian rules on data retention, the CJEU confirmed red lines for access to traffic and location data for law enforcement purposes. In addition, the case questioned which competent authority can grant access to such data.
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EU
Data Protection
Dismantled Encryption Networks: German Courts Confirmed Use of Evidence from EncroChat Surveillance
20 March 2021
(updated 4 years, 4 months ago)
Thomas Wahl
in Issue
1/2021
Two German courts confirmed warrants for pre-trial detention against persons whose criminal activities had been revealed as a follow-up of the infiltration of the encrypted communication network EncroChat. On 10 March 2021, Eurojust and Europol reported another successful strike against an encrypted communication network that was predominantly used by organised crime groups.
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EU
Organised Crime
Law Enforcement Cooperation
Data Protection
EDPB: Update of European Essential Guarantees for Surveillance Measures
20 January 2021
(updated 5 years, 8 months ago)
Thomas Wahl
On 10 November 2020, the European Data Protection Board (EDPB) adopted Recommendation 02/2020 on the European Essential Guarantees (EEG) for surveillance measures. The Recommendation updates a previous document on the justification of interferences with the fundamental rights to privacy and data protection through surveillance …
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EU
Data Protection
EDPB Recommendations on Folllow-Up to Schrems II Judgment
20 January 2021
(updated 5 years, 6 months ago)
Thomas Wahl
On 10 November 2020, the European Data Protection Board (EDPB) adopted recommendation 01/2020 that is designed to help controllers and processers exporting data in EU private entities or public authorities to third countries act in compliance with the CJEU’s Schrems II judgment (--> eucrim 2/2020, …
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EU
Data Protection
Council Conclusions on Cybersecurity of Connected Devices
20 January 2021
Thomas Wahl
On 2 December 2020, the Council approved conclusions on the cybersecurity of connected devices. The Council highlights that connected devices, including machines, sensors and networks that make up the Internet of Things (IoT) will not only play a key role in further shaping Europe’s …
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EU
Data Protection
Council Conclusions on Encryption
20 January 2021
Thomas Wahl
On 14 December 2020, the Council agreed on a common position on the way forward regarding the encryption of communications and access for law enforcement purposes. The Council resolution on encryption highlights the need for security through encryption and security despite encryption. It underlines the …
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EU
Data Protection
Ways Out of Schrems II Judgment
12 December 2020
(updated 5 years, 8 months ago)
Thomas Wahl
Business representatives and the EU and U.S. administrations have begun to think about the consequences of the CJEU’s judgment in Schrems II of July 2020 (--> eucrim 2/2020, pp. 98-99). In a joint press release of 10 August 2020, the European Commission and the …
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EU
Court of Justice of the European Union (CJEU)
Data Protection
NGOs Call on the Commission to Give Up Data Retention Plans
12 December 2020
(updated 5 years, 8 months ago)
Thomas Wahl
On the eve of the CJEU’s judgment on the data retention rules in France, Belgium and the UK of 6 October 2020 (separate news item), more than 40 civil society organisations from 16 countries sent a joint letter to the Commission calling for …
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EU
Data Protection
Spotlight
CJEU: Data Retention Allowed in Exceptional Cases
12 December 2020
(updated 5 years, 6 months ago)
Thomas Wahl
in Issue
3/2020
On 6 October 2020, the Grand Chamber of the CJEU delivered its judgments on data retention concerning the British, French, and Belgian rules (Case C-623/17 (Privacy International), and Joined Cases C-511/18 (La Quadrature du Net and Others), C-512/18 (French …
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EU
Court of Justice of the European Union (CJEU)
Data Protection
EDPS: Orientations on Body Temperature Checks
29 November 2020
(updated 5 years, 6 months ago)
Cornelia Riehle LL.M.
On 1 September 2020, the EDPS issued orientations on the use of body temperature checks by Union institutions, bodies, offices, and agencies (EUIs) in the context of the COVID-19 crisis. In its orientations, the EDPS defines basic body temperature checks conducted outside of the scope …
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EU
Data Protection
Roadmap to Lift Corona Containment Measures
31 August 2020
Cornelia Riehle LL.M.
On 15 April 2020, the European Commission published a Joint European Roadmap towards lifting COVID-19 containment measures.The roadmap sets out three main criteria to assess whether the time has come to begin to relax the confinement, namely epidemiological criteria, a sufficient health system …
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EU
Corona
Data Protection
EU Toolbox for Applications to Counter COVID-19
31 August 2020
Cornelia Riehle LL.M.
On 16 April 2020, EU Member States, supported by the Commission, published an EU toolbox for the use of mobile applications for contact tracing and warning in response to the coronavirus pandemic, together with a guidance on data protection for such apps. The toolbox sets …
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EU
Corona
Data Protection
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