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EDPB Guidelines on Corona Apps 
31 August 2020
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
On 21 April 2020, the European Data Protection Board (EDPB) adopted guidelines on the use of location data and contact tracing tools in the context of the COVID-19 outbreak. With regard to location data, the EDPB guidelines underline the necessity to respect the regulations … Read more
EU Corona Data Protection
Commission Website on Digital Response to Corona 
31 August 2020
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
The European Commission published a new subsite on its website, giving information on the various digital measures that have been established in response to the COVID-19 crisis, including:Mobile data and apps;The creation of European supercomputing centres;The use of artificial intelligence; The collection … Read more
EU Corona Data Protection
EDPS and FRA Revise Memorandum of Understanding 
31 August 2020
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
On 22 June 2020, the EDPS and the FRA signed a revised Memorandum of Understanding (MoU) replacing the first one of 30 March 2017. The revised MoU additionally allows for the establishment of single contact points within the FRA and the EDPS to coordinate their … Read more
EU Fundamental Rights Agency for Fundamental Rights (FRA) Data Protection
GDPR Review Published 
31 August 2020
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
On 24 June 2020, the European Commission published a review of its General Data Protection Regulation (GDPR), assessing the application of the Regulation after its entry into force in 2018. In total, the Commission draws a positive evaluation, emphasizing the GDPR’s contribution to the rights … Read more
EU Data Protection
EDPS Strategy 2020-2024 
31 August 2020 (updated 1 year, 2 months ago)
Cornelia Riehle LL.M. Cornelia Riehle LL.M. in Issue 2/2020
On 30 June 2020, the EDPS presented its new Strategy for the years 2020-2024. Under the title “Shaping a Safer Digital Future: a new Strategy for a new decade”, the new Strategy sets out how the EDPS is going to carry out its statutory … Read more
EU Data Protection
Commission: EU PNR Directive Delivered Tangible Results 
31 August 2020
Thomas Wahl Thomas Wahl
On 24 July 2020, the Commission presented its review of Directive (EU) 2016/681 of the European Parliament and of the Council of 27 April 2016 on the use of passenger name record (PNR) data for the prevention, detection, investigation, and prosecution of terrorist offences and … Read more
EU Schengen Organised Crime Terrorism Data Protection
EDPS Report on Data Protection Impact Assessments in EU Institutions 
14 August 2020
Thomas Wahl Thomas Wahl
On 6 July 2020, the European Data Protection Supervisor (EDPS) published a report on how EU institutions, bodies, and agencies (EUIs) carry out Data Protection Impact Assessments (DPIAs) when processing information that presents a high risk to the rights and freedoms of natural persons. DPIAs … Read more
EU Data Protection
EDPS Statement on GDPR Evaluation: Stronger European Solidarity Needed for Enforcement 
14 August 2020
Thomas Wahl Thomas Wahl
The European Data Protection Supervisor (EDPS), Wojciech Wiewiórowski, welcomed the European Commission’s review of the General Data Protection Regulation (GDPR – see separate news item). In a statement issued on 24 June 2020, he especially agrees that the GDPR has strengthened the … Read more
EU Data Protection
Commission Evaluation Report on GDPR 
14 August 2020
Thomas Wahl Thomas Wahl
On 24 June 2020, the European Commission published its first report on the evaluation and review of the General Data Protection Regulation (GDPR). The report comes two years after the Regulation became applicable on 25 May 2018. As stipulated by Art. 97 of the GDPR, … Read more
EU Data Protection
CJEU: Petitions Committees in German State Parliaments Subject to GDPR & Referring Court is Independent 
14 August 2020
Thomas Wahl Thomas Wahl
On 9 July 2020, the CJEU ruled on the reference for a preliminary ruling of the Administrative Court of Wiesbaden in Case C-272/19. The reason for the referral was the question of whether a parliamentary petitions committee is subject to the General Data Protection … Read more
EU Court of Justice of the European Union (CJEU) Data Protection
EU-US Data Transfers: CJEU Shatters Privacy Shield − Schrems II 
14 August 2020 (updated 5 years, 3 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2020
In response to questions referred by the Irish High Court, the CJEU’s Grand Chamber ruled on 16 July 2020 in case C-311/18 that Commission Decision 2016/1250 on the adequacy of the protection provided by the EU-US Privacy Shield was invalid. By contrast, Commission Decision 2010/87 … Read more
EU Court of Justice of the European Union (CJEU) Data Protection
German Court Asks CJEU about Compatibility of PNR Legislation 
9 August 2020
Thomas Wahl Thomas Wahl
The Administrative Court of Wiesbaden initiated references for a preliminary ruling to the CJEU that tackle the question of whether the EU PNR Directive (Directive 2016/681, see eucrim 2/2016, p. 78) and the German implementation law are compatible with Union law, in particular the Charter … Read more
Council of Europe EU Data Protection
EDPB: Data Protection Guidelines on Video Surveillance 
4 May 2020
Thomas Wahl Thomas Wahl
At its 17th plenary meeting on 28/29 January 2020, the European Data Protection Board (EDPB) adopted guidelines on the processing of personal data through video devices. The guidelines take into account a prior public consultation on the topic (see eucrim 2/2019, p. 105). … Read more
EU Data Protection
Commission Presents European Data Strategy 
4 May 2020 (updated 4 years, 2 months ago)
Thomas Wahl Thomas Wahl in Issue 1/2020
On 19 February 2020, the Commission unveiled its plans and actions for a European data strategy. The new Commission under President Ursula von der Leyen set the ambitious goal that the EU become the leading role model for a society empowered by data to … Read more
EU Data Protection
Council Endorses Start of Negotiations on EU-Japan PNR Deal 
4 May 2020
Thomas Wahl Thomas Wahl
On 18 February 2020, the Council gave green light to the Commission to start negotiations with Japan on an agreement on the transfer and use of passenger name record (PNR) data. The Council endorsed the respective negotiating directives recommended by the Commission in September 2019 … Read more
EU Judicial Cooperation Data Protection
AG: Conditions of Access to Retained Telecommunications Data for Law Enforcement 
4 May 2020 (updated 6 years, 1 month ago)
Thomas Wahl Thomas Wahl
Advocate General Giovanni Pitruzzella presented his opinion on the Estonian data retention law, advising on how Member States may arrange the contentious retention of personal data for law enforcement purposes while keeping in line with Union law (opinion of 21 January 2020, Case C-746/18 … Read more
EU Data Protection