AG: Minor Offences Can also Justify Police Access to Retained Data
On 3 May 2018, Advocate General (AG) Henrik Saugmandsgaard Øe delivered a notable opinion on the scope of data protection in criminal law enforcement situations. According to the AG, Union law does not preclude investigative measures by which national authorities seek identification data from certain mobile phones held by electronic communication service providers, even if the criminal offense is not of a serious nature. Read more
Thomas Wahl
News Guide
EU Data ProtectionData Protection Experts Give Critical Statement on Planned Interoperability
On 11 April 2018, the Article 29 Data Protection Working Party (WP29) adopted its opinion on the Commission proposals to establish a framework of interoperability between the EU information systems in the field of borders and visas and police and judicial cooperation, asylum and migration. The opinion must be seen in the context of other, nearly parallel statements issued by the EDPS and the EU’s Agency for Fundamental Rights. Read moreNews Guide
EU Data ProtectionEDPS Further Critical to Interoperability
On 16 April 2018, the EDPS presented his concerns on the recent Commission’s legislative proposals on establishing a framework to ensure interoperability between existing and future EU information systems. The EDPS’ contribution (Opinion 4/2018) follows up the reflection paper issued in November 2017, in which the EDPS already eyed the plans of the EU institutions on interoperability. Read moreNews Guide
EU Data ProtectionCommission Proposes Loss of EU Money if Rule of Law is Not Respected
On 2 May 2018, the Commission tabled its proposals for a new long-term EU budget, also referred to as Multiannual Financial Framework (“MFF”). The new framework would follow the current budget period that ends in 2020. The MFF would therefore cover the period from 2021 to 2027, and it especially takes into account the EU-27 after the withdrawal of the UK. Read moreNews Guide
EU Protection of Financial InterestsGC Clarifies Relationship between Union and National Law in OLAF External Investigations
On 3 May 2018, the General Court (GC) delivered an important judgment in which it clarified the relationship between Union law and national law when checks against economic operators are carried out by OLAF. The GC confirmed that checks are a matter of EU law, and national law is only relevant in cases of assistance by national authorities. Read moreNews Guide
EU OLAF
Report
Cornelia Riehle LL.M.