This book assesses data protection rules that are applicable to the processing of personal data in a law enforcement context. It offers the first extensive analysis of the LED and Regulation (EU) 2018/1725. It illustrates the challenges arising from the unclear delineation between the different data protection instruments at both national and EU level. Taking a practical approach, it exemplifies situations where the application of data protection instruments could give rise to a lowering of data protection standards where the data protection rules applicable in the law enforcement context are interpreted broadly. The scope of data protection instruments applied by law enforcement authorities impacts processing for purposes of border control, migration management and asylum because there is an unclear delineation between the different data protection instruments.
This book assesses data protection rules that are applicable to the processing of personal data in a law enforcement context. It offers the first extensive analysis of the LED and Regulation (EU) 2018/1725. It illustrates the challenges arising from the unclear delineation between the different data protection instruments at both national and EU level. Taking a practical approach, it exemplifies situations where the application of data protection instruments could give rise to a lowering of data protection standards where the data protection rules applicable in the law enforcement context are interpreted broadly. The scope of data protection instruments applied by law enforcement authorities impacts processing for purposes of border control, migration management and asylum because there is an unclear delineation between the different data protection instruments.
Introduction: The Emergence of Multiple Function Creeps
1. The Developments Towards the Area of Freedom, Security and
Justice and the Right to the Protection of Personal Data
I. Processing of Personal Data in the Law Enforcement Context
II. The Growth of Powers of the EU Agencies
III. The Case of EU Databases
IV. Conclusion
2. The End of Purpose Limitation
I. Interoperability in a Nutshell
II. Interoperability as a Logical Step
III. Law Enforcement Access to the Interoperability Components
IV. Law Enforcement Access in Light of Article 52(1) of the EU
Charter
V. Access to the Interoperability Components by the Relevant EU
Agencies
VI. Supervision of Processing within the Interoperable System
VII. Conclusion
3. The Overly Broad Application of Directive (EU) 2016/680
I. Directive (EU) 2016/680: Structure and Overview
II. Specific Rules under Directive (EU) 2016/680 for Data
Protection in the Law Enforcement Context
III. Scoping Exercise: The Scope of Application of Directive (EU)
2016/680
IV. Provisions Specifically Designed for the Processing of Personal
Data in the Law Enforcement Context
V. Data Subject Rights
VI. Obligations for Controllers and Security of Personal Data
VII. International Transfers of Personal Data
VIII. The Role of Data Protection Supervisory Authorities
IX. Existing EU Legal Acts and Commission Reports
X. Conclusion
4. The Blurred Line between EU Law Enforcement Agencies and EU
Migration Agencies
I. Overview of the Respective Agencies
II. Access to EU Databases and the Interoperability Components by
EU Agencies
III. The Fragmentation of Applicable Data Protection Rules
IV. Chapter IX of Regulation (EU) 2018/1725 on Operational Personal
Data
V. The European Border and Coast Guard Agency Processing Personal
Data: The Extended Mandate under the 2019 Regulation
VI. Europol and Eurojust: Solutions after the Adoption of
Regulation (EU) 2018/1725
VII. Conclusion
Concluding Remarks
I. Outlook
The first extensive examination of the impact of LED and Regulation (EU) 2018/1725 regulating personal data in a criminal enforcement context.
Teresa Quintel is Assistant Professor at the Maastricht European Centre on Privacy and Cybersecurity, the Netherlands.
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