From Proven Fragmentation to Guaranteed Data Protection within the Virtual Criminal Law Enforcement Area : A Report on Personal Data Protection within the Framework of Police and Judicial Cooperation in Criminal Matters

2014 ◽  
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Data Protection ◽  
Personal Data ◽  
Judicial Cooperation ◽  
Personal Data Protection ◽  
Criminal Matters

Data Protection in Law Enforcement and Judicial Cooperation in Criminal Matters

2021 ◽  
Vol 11 (2) ◽  
pp. 148-166
Author(s):  
Rastislav Funta ◽  
Peter Ondria
Keyword(s):  
Law Enforcement ◽  
Data Protection ◽  
Personal Data ◽  
Scientific Article ◽  
European Law ◽  
Judicial Cooperation ◽  
Eu Member States ◽  
The Subject ◽  
Criminal Matters ◽  
The Eu

Abstract The redesign of data protection in the police and judicial area is intended to create uniformity at the European level for the citizens of EU Member States. This scientific article analyses the subject of data protection in law enforcement and judicial cooperation in criminal matters. The focus is primarily on the existing provisions and the latest developments of the EU with regard to Directive (EU) 2016/680 on the protection of natural persons with regard to 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, and repealing Council Framework Decision 2008/977/JHA. The international level with regard to data protection in the police and judicial area and possible changes due to the developments in data protection under European law are also examined in more detail.

Data protection and passenger name record in judicial criminal matters under the EU–UK Trade and Cooperation Agreement

2021 ◽  
pp. 203228442199492
Author(s):  
Catherine Van de Heyning
Keyword(s):  
United Kingdom ◽  
Data Protection ◽  
Personal Data ◽  
Cooperation Agreement ◽  
Judicial Cooperation ◽  
The United Kingdom ◽  
Record Data ◽  
Criminal Matters ◽  
The Impact ◽  
The Eu

The submission discusses the provisions in the EU–UK Trade and Cooperation Agreement on data protection as well as the consequences for the exchange of passenger name record data in the field of criminal and judicial cooperation. The author concludes that the impact of the Agreement will depend on the resolvement of the United Kingdom to uphold the standards of protection of personal data equivalent to the EU’s in order to reach an adequacy decision.

scholarly journals The protection of personal data in the field of judicial cooperation in criminal matters: special reference to Directive (EU) 2016/680 of the European Parliament and of the Council

2019 ◽  
Vol 5 (2) ◽  
pp. 92-102
Author(s):  
Maria Belén Sánchez Domingo
Keyword(s):  
Criminal Law ◽  
Legal System ◽  
Personal Data ◽  
Fundamental Rights ◽  
Public Security ◽  
Judicial Cooperation ◽  
Eu Directive ◽  
The Right ◽  
High Level ◽  
Criminal Matters

The new European framework for the protection of personal data on freedom, security and justice is embodied, among other instruments, in EU Directive 2016/680 on the protection of natural persons with regards to the processing of personal data by competent authorities for criminal law purposes. This Directive protects fundamental rights, such as the right to the protection of personal data, as well as ensuring a high level of public security by facilitating the exchange of personal data between competent authorities within the Union, with the establishment of a legal system on the transfer of personal data.

Problems of Personal Data Protection in Criminal Law

2020 ◽  
pp. 11-16
Author(s):  
Ildar R. Begishev ◽  
◽  
Danila V. Kirpichnikov ◽  
Keyword(s):  
Criminal Law ◽  
Data Protection ◽  
Personal Data ◽  
Personal Data Protection

scholarly journals Projekt reformy ochrony danych osobowych - czy rzeczywiście powstanie jednolity i spójny system?

2014 ◽  
pp. 93-125
Author(s):  
Agnieszka Grzelak
Keyword(s):  
Comparative Analysis ◽  
European Commission ◽  
Data Protection ◽  
Legal Status ◽  
Personal Data ◽  
General System ◽  
Consistent System ◽  
Personal Data Protection ◽  
Criminal Matters ◽  
The Eu

In January 2014 two years passed since the European Commission presented a package of reforms of the system of personal data protection in the EU. Com‑ mission proposed to create, in its opinion, a uniform and consistent system across the EU. The idea of the paper is to answer the question whether the Commission’s proposal to adopt two separate acts (one as a general system, and the second for cooperation in criminal matters and police), should meet the proposed assumptions. In order to analyze that, first the treaty background is presented, then current legal status in the field of personal data in the EU, and finally a comparative analysis of the solutions of the two drafts. The analysis leads to the conclusion that there are serious concerns about the lack of consistency.

scholarly journals Brief explanations on EU Directive no. 680/27.04.2016 in the field of personal data processing

2021 ◽  
Vol 26 ◽  
pp. 424-429
Author(s):  
Dragoș Mihail Mănescu
Keyword(s):  
Law Enforcement ◽  
Data Processing ◽  
National Security ◽  
Data Protection ◽  
General Framework ◽  
Personal Data ◽  
Judicial System ◽  
Personal Data Protection ◽  
Eu Directive

The processing of personal data is regulated by Directive 680/2016 when it is carried out by national security institutions or by law enforcement bodies. The Directive establishes the general framework for exemption from the principles of personal data protection enacted by the GDPR, establishing a restrictive and reasoned temporary derogation, considered indispensable for carrying out activities aimed at ensuring national security or the national judicial system, as well as prevention, detection and combating crime.

Rethinking personal data protection in the criminal law of China

2020 ◽  
pp. 156-179
Author(s):  
Dongyan Lao ◽  
Dennis J. Baker
Keyword(s):  
Criminal Law ◽  
Data Protection ◽  
Personal Data ◽  
Personal Data Protection

KRIMINĀLATBILDĪBA PAR NELIKUMĪGĀM DARBĪBĀM AR FIZISKAS PERSONAS DATIEM

2017 ◽  
pp. 156
Author(s):  
Agita Papkova ◽  
Aija Jermacāne
Keyword(s):  
Criminal Justice ◽  
20Th Century ◽  
21St Century ◽  
Criminal Law ◽  
Data Protection ◽  
Personal Data ◽  
Legal Framework ◽  
Historical Change ◽  
Historical Aspects ◽  
Personal Data Protection

The author of the article analyzed historical aspects of personal data protection in criminal law, and historical change of the legal framework. "Personal Data Protection" is a new concept because in international legal framework appears only in the second half of the 20th century, in Latvia it was 21st century. This is an interdisciplinary issue as legally regulated not only in the criminal justice sector, but also in the administrative sector. That is relatively little studied issue. In recent years, the issue has become topical in connection with 2016 Personal Data Protection Regulation, personal data processing amount increases and variety of personal data breaches. Article aims - find out data protection historical aspects and legal framework developments.

scholarly journals PERSONAL DATA PROTECTION IN CRIMINAL LAW

2021 ◽  
Vol 59 (2) ◽  
pp. 113-130
Author(s):  
Mladen Milošević ◽  
Keyword(s):  
Criminal Law ◽  
Data Protection ◽  
Personal Data ◽  
Legal Protection ◽  
Legal Framework ◽  
Penal Code ◽  
Personal Data Protection ◽  
Data Protection Law ◽  
Legislative Changes

The paper focuses on the norms of Serbian Penal Code that incriminates personal data abuse. Starting with a brief overview of personal data legislation in Serbia, the author states that legal protection of data is guaranteed through constitutional (former federal and republic and the current Constitution) and provisions of Data Protection Law (three Laws were adopted and implemented since 1998), but also with criminal law norms. However, the quality and the implementation of mentioned criminal law provisions is questionable. The author analyses different crimes and notes that certain norms are incoherent with other relevant legislative provisions. The author points to incoherent provisions and provides recommendations de lege ferenda, concluding that legislative changes are needed in order to construct a solid legal framework for personal data protection in domestic Criminal law.

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