Data Protection in the Third Pillar: In the Aftermath of the ECJ Decision on PNR Data and the Data Retention Directive
01 Nov 2007-International Review of Law, Computers & Technology (Routledge)-Vol. 21, Iss: 3, pp 347-362
TL;DR: This paper will present the current developments at European level for the regulation of the issue of data protection in the third pillar and the main principles that should be applied in order to ensure a coherent data protection framework will pay due respect to the fundamental rights of citizens.
Abstract: The data protection directive regulated the issue of processing of personal data, excluding from its field of application activities that relate to police and judicial cooperation in criminal matters. The terrorist attacks of 2001 and the bombings in Madrid and London have given a new impulse to political interest in police cooperation throughout the European Union and its regulation in order to ensure greater efficiency. As a response, the European Commission presented in October 2005 a Draft Framework Decision on the protection of personal data processed in the framework of police and judicial co-operation in criminal matters. Numerous drafts have been prepared thereafter, but no consensus has been yet reached (August 2007). In our paper we will present the current developments at European level for the regulation of the issue of data protection in the third pillar and we will analyse the main principles that should be applied in order to ensure a coherent data protection framework, which will pay due respect to the fundamental rights of the citizens, and especially the right to privacy and data protection on one hand, and the safeguards for an effective law enforcement system on the other.
Citations
More filters
Dissertation•
30 Jul 2017
27 citations
01 Jan 2013
TL;DR: In this article, a general overview of Framework Decision 2008/977/JHA on the protection of personal data processed within the framework of police and judicial cooperation in criminal matters is provided.
Abstract: The present paper provides a general overview of Framework Decision 2008/977/JHA on the protection of personal data processed within the framework of police and judicial cooperation in criminal matters, adopted much time after Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data—which applies only to activities falling within the scope of the former Community law and does not cover processing operations concerning the activities of the State in areas of criminal law. In line with the original three-pillar construction of the EU, such a frame results in a clear-cut distinction between the protection against data processed for commercial reasons under the former first pillar on the one hand, and the protection against data processed for crime prevention and investigation purposes under the former third pillar on the other. In the light of the entry into force of the Lisbon Treaty, which has removed the pillar structure, the present paper examines the most recent developments towards the adoption of a single legal instrument on personal data protection in the EU, aimed at replacing both the Framework Decision and the Directive.
11 citations
Additional excerpts
...” Reding (2010), p....
[...]
TL;DR: In this paper, the protection of personal data in the European Union in the context of the fight against international terrorism taking into account the new European Union architecture provided for by the Treaty of Lisbon is discussed.
Abstract: This article addresses the protection of personal data in the European Union in the context of the fight against international terrorism taking into account the new European Union architecture provided for by the Treaty of Lisbon. After having delineated the European legal background concerning the right to privacy, the author examines the Passenger Name Records (PNR) Agreements concluded by the European Union with the United States, Canada and Australia. A further object of analysis is the 2007 proposal for a Council Framework Decision on the use of PNR data for law enforcement purposes, which is aimed at creating an autonomous PNR system in the European Union. The author considers that these instruments are likely to violate rights and fundamental freedoms of individuals, in particular the right to privacy. This is also due to the architecture of the European Union, whose structure is incapable of adequately and completely protecting the right to personal data protection. As a consequence, the author proposes solutions to modify PNR instruments, especially in light of the future changes that the Treaty of Lisbon will make to the structure of the European Union.
6 citations
01 Jan 2008
TL;DR: The FIDIS Network of Excellence 7.2 report as discussed by the authors examines how different approaches to profiling are taken, reviewing along the way some of the different technology contexts in which it can be used.
Abstract: [Final] Class: [Public] File: fidis-wp7-del7.2.profiling_practices.doc Summary Deliverable 7.2 represents a genuine attempt to crystallise the multi-disciplinary nature of the FIDIS Network of Excellence in a document assessing the many facets of profiling, with contributions coming from across a wide spectrum of disciplines. Profiling is a powerful, critical and worrying technology because it is probably the only way that massive volumes of data about individual and group behaviour can be mined, whether for nefarious or benign purposes. Ever larger volumes of data have been the holy grail of generations of social scientists, medical researchers and technologists, and with profiling alongside new data-gathering technologies such data is available with the means to mine it for all its value. This deliverable examines how different approaches to profiling are taken, reviewing along the way some of the different technology contexts in which it can be used. Though matters of privacy and security loom behind every corner, the main focus of this deliverable is not on such issues. Subsequent deliverables will move into this. Clearly, with its multiple applications in marketing, law enforcement and surveillance, e-medicine and e-health - to name just some, there exist currently many avenues along which profiling might progress, but unless the consumers and citizens of today and tomorrow have more knowledge of the actual workings of this technology, they will not be able to make informed decisions about how to respond when they are increasingly importuned for their personal data in the future. This report hopes to make a useful contribution to the vital task of explaining how profiling may impact the life of citizens and consumers in the coming years.
4 citations
References
More filters
Book•
01 May 2001
TL;DR: In this article, the authors discuss the spread of surveillance in the city, body parts and probes, invisible frameworks, and leaky containers in the world, and the future of surveillance.
Abstract: Series editor's foreword Preface and acknowledgements Introduction Part one: Surveillance societies Disappearing bodies Invisible frameworks Leaky containers Part two: The spread of surveillance Surveillant sorting in the city Body parts and probes Global dataflows Part three: Surveillance scenarios New directions in theory The politics of surveillance The future of surveillance Bibliography Index.
878 citations
Book•
01 Jan 1996
TL;DR: In this article, the authors present a legal analysis of the Directive on Controllers, Data Subjects, Recipients and Third Parties, as well as 10 case studies from various sectors of industry.
Abstract: PART I INTRODUCTION AND BACKGROUND. Introduction. Background and History. PART II THE DIRECTIVE. Legal Analysis of the Directive. Perspectives on the Directive: Controllers. Perspectives on the Directive: Recipients and Third Parties. Perspectives on the Directive: Data Subjects. PART III HOW THE DIRECTIVE IMPACTS ON DIFFERENT TYPES OF ORGANISATION. 10 case studies from various sectors of industry
10 citations
Posted Content•
TL;DR: In this article, the authors examine the European Union's new turn towards protecting personal data against the police, and how the largely positive experience of the Data Retention Directive can inform the protection of other, classic liberal rights in the rapidly growing domain of European cooperation on crime.
Abstract: This essay examines the European Union's new turn towards protecting personal data against the police. The first part explores the developments that have given rise to these policies: the dramatic possibilities of today's digital technologies for the police and the intensification of police cooperation in the European Union following the terrorist attacks in New York, Madrid, and London. The second part analyzes the piece of legislation with the most significant data protection ramifications to be enacted at the time of this writing: the Data Retention Directive. The essay concludes with some thoughts on how the largely positive rights experience of the Data Retention Directive can inform the protection of other, classic liberal rights in the rapidly growing domain of European cooperation on fighting crime.
8 citations