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Journal ArticleDOI

The Police and Criminal Justice Authorities Directive: Data protection standards and impact on the legal framework

Thomas Marquenie
- 01 Jun 2017 - 
- Vol. 33, Iss: 3, pp 324-340
TLDR
While a considerable improvement and major step forward for the protection of personal data in its field, the Directive is unlikely to mend the fragmented legal framework and achieve the intended high level of data protection standards consistent across European Union member states.
About
This article is published in Computer Law & Security Review.The article was published on 2017-06-01. It has received 10 citations till now. The article focuses on the topics: Directive on Privacy and Electronic Communications & General Data Protection Regulation.

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Citations
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Journal ArticleDOI

Privacy impact assessment in large-scale digital forensic investigations

TL;DR: This study answers the question how a PIA should be carried out for large-scale digital forensic operations and describes the privacy risks, threats, and articulates concrete privacy measures to demonstrate compliance with the Police Directive.

The data protection regime applying to the inter-agency cooperation and future architecture of the EU criminal justice and law enforcement area, European Parliament, Committee on Civil Liberties, Justice and Home Affairs

TL;DR: In this article, the authors identify data protection shortcomings in the inter-agency cooperation regime in the EU criminal justice and law enforcement area and, under six possible scenarios, the interplay among the data protection legal instruments in the law-making process today in field, as well as, the response each could provide to such shortcomings.
Posted Content

The Achilles Heel of EU data protection in a law enforcement context: international transfers under appropriate safeguards in the law enforcement directive

TL;DR: In this paper, the authors show that due to the absence of LED adequacy decisions, personal data transfers to law enforcement authorities in third countries often occur without the appropriate scrutiny and safeguards due to system the LED establishes.
Book ChapterDOI

Implementation of Information Security in the EU Information Systems

TL;DR: The main finding is that a separate standard is not necessary; however, there is a need for setting minimum requirements, ensuring security of the information systems, that come with appropriate guidelines that help the member states to achieve the minimum requirements.
Journal ArticleDOI

The Local Provision of Restorative Justice in Scotland: an Exploratory Empirical Study

TL;DR: In this paper, the authors present the results of the first empirical qualitative research on the provision of restorative justice (RJ) in Scotland, based on interviews with 14 practitioners.
References
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Book ChapterDOI

Privacy by Design: A Matter of Choice

TL;DR: The goal of this chapter is to review this gap between a toolset of available technologies and the still unrealized promises of privacy by design.
Journal ArticleDOI

Online Security and the Protection of Civil Rights: A Legal Overview

TL;DR: In this paper, the authors examine the connection between online security and the protection of civil rights from a legal viewpoint, that is, considering the different types of rights and interests that are at stake in national and international law and whether, and to what extent, they concern matters of balancing.
Journal ArticleDOI

EU data protection reform: Opportunities and concerns

TL;DR: The European Commission proposed a comprehensive reform of the EU's data protection rules as mentioned in this paper, which has been surrounded by fi erce controversy and has been the subject of frenzied lobbying by global corporations, industry groups, research centers and privacy campaigners on both sides of the Atlantic.
Journal ArticleDOI

The Impact of Directive (EU) 2016/680 on the Processing of Personal Data by Competent Authorities for the Purposes of the Prevention, Investigation, Detection or Prosecution of Criminal Offences or the Execution of Criminal Penalties and on the Free Movement of Such Data on the Existing Privacy Regime

TL;DR: The intention of the EU parliament to ensure a high level of data protection while also ensuring that same does not inhibit the free flow of data in the realm of the investigation and prosecution of crime materialized into the adoption of Directive (EU 2016/680 which will become applicable from 2018 repealing the Council Framework Decision 2008/977/JHA as discussed by the authors.
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