The EU Law Enforcement Directive (Led)

A Commentary
Erscheinungsjahr 2024
ISBN: 978-0-19-285522-0
Verlag: Oxford University Press

Buch, Englisch, 992 Seiten, Format (B × H): 177 mm x 254 mm, Gewicht: 1848 g

The Law Enforcement Directive 2016/680 (LED) is the first legal instrument in the EU which comprehensively regulates the use of personal data by law enforcement authorities, creating a minimum standard of privacy protection across the EU. Together with the General Data Protection Regulation (GDPR), it stands at the heart of the legal reform of the EU's data protection law. Although it was adopted at the same time as the GDPR, the LED has not received the same scholarly attention, despite its significant impact and controversial implementation in Member States.

The EU Law Enforcement Directive (LED): A Commentary addresses this by providing an article-by-article commentary on the Directive. Drawing on the expertise of leading scholars, regulators, and practitioners in the EU data protection field, it offers a detailed analysis of its legal provisions, drawing on relevant case law and scholarship to illuminate the key aspects and intricacies of each provision. It analyses national transpositions of the LED while taking into account the GDPR and the regulations on the processing of personal data by EU institutions, bodies, offices and agencies. For further context, it includes introductory chapters on the background and evolution of the Directive, the Council of Europe, and the impact of Brexit on the LED.

This comprehensive volume is an excellent resource for anyone seeking authoritative guidance on the application and interpretation of LED provisions, especially judges, legal practitioners, prosecutors, competent authorities, and academics.

Autoren/Hrsg.

Weitere Mitwirkende

Kosta, Eleni

Boehm, Franziska

Fachgebiete

• Rechtswissenschaften Öffentliches Recht Verwaltungsrecht Allgemeines Informationsrecht, Datenschutzrecht
• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein

Inhaltsverzeichnis

- Background and Evolution of the EU Law Enforcement Directive (LED)

- Council of Europe

- Brexit

- National Implementations

- Part 1: General Provisions (Articles 1-3)

- Article 1 Subject Matter and Objectives

- Article 2 Scope

- Article 3 Definitions

- Part II: Principles (Articles 4-11)

- Article 4 Principles Relating to Processing of Personal Data

- Article 5 Time-Limits for Storage and Review

- Article 6 Distinction between Different Categories of Data Subject

- Article 7 Distinction between Personal Data and Verification of Quality of Personal Data

- Article 8 Lawfulness of Processing

- Article 9 Specific Processing Conditions

- Article 10 Processing of Special Categories of Personal Data

- Article 11 Automated Individual Decision-Making

- Part III: Rights of the Data Subjects (Articles 12-18)

- Article 12 Communication and Modalities for Exercising the Rights of the Data Subject

- Article 13 Information to be Made Avaliable or Given to the Data Subject

- Article 14 Right of Access by the Data Subject

- Article 15 Limitations to the Right of Access

- Article 16 Right to Rectification or Erasure of Personal Data and Restriction of Processing

- Article 17 Exercise of Rights by the Data Subject and Verification by the Supervisory Authority

- Article 18 Rights of the Data Subject in Criminal Investigations and Proceedings

- Part IV Controller and Processor (Articles 19-34)

- Article 19 Obligations of the Controller

- Article 20 Data Protection by Design and by Default

- Article 21 Joint Controllers

- Article 22 Processor

- Article 23 Processing under the Authority of the Controller or Processor

- Article 24 Records of Processing Activity

- Article 25 Logging

- Article 26 Cooperation with the Supervisory Authority

- Article 27 Data Protection Impact Assessment

- Article 28 Prior Consultation of the Supervisory Authority

- Article 29 Security of Processing

- Article 30 Notification of a Personal Data Breach to the Supervisory Authority

- Article 31 Communication of a Personal Data Breach to the Data Subject

- Article 32 Designation of the Data Protection Officer

- Article 33 Position of the Data Protection Officer

- Article 34 Tasks of the Data Protection Officer

- Part V Transfers of Personal Data to Third Countries or International Organisations (Articles 35-40)

- Article 35 General Principles for Transfers of Personal Data

- Article 36 Transfers on the basis of an Adequacy Decision

- Article 37 Transfers Subject to Appropriate Safeguards

- Article 38 Derogations for Specific Situations

- Article 39 Transfers of Personal Data to Recipients Established in Third Countries

- Article 40 International Cooperation for the Protection of Personal Data

- Part VI Independent Supervisory Authorities (Articles 41-49)

- Article 41 Supervisory Authority

- Article 42 Independence

- Article 43 General Conditions for the Members of the Supervisory Authority

- Article 44 Rules on the Establishment of the Supervisory Authority

- Article 45 Competence

- Article 46 Tasks

- Article 47 Powers

- Article 48 Reporting of Infringements

- Article 49 Activity Reports

- Part VII Cooperation (Articles 50-51)

- Article 50 Mutual Assistance

- Article 51 Tasks of the Board

- Part VIII Remedies, Liability, and Penalties (Articles 52-57)

- Article 52 Right to Lodge a Complaint with a Supervisory Authority

- Article 53 Right to an Effective Judicial Remedy Against a Supervisory Authority

- Article 54 Right to an Effective Judicial Remedy Against a Controller or Processor

- Article 55 Representation of Data Subjects

- Article 56 Right to Compensation

- Article 57 Penalties

- Part IX Implementing Act (Article 58)

- Articles 58 Committee Procedure

- Chapter X Final Provisions (Articles 59-65)

- Article 59 Repeal of Framework Decision 2008/977/JHA

- Article 60 Union Legal Acts already in Force

- Article 61 Relationship with Previously Concluded International Agreements in the Field of Judicial Cooperation in Criminal Matters and Police Cooperation

- Article 62 Commission Reports

- Article 63 Transposition

- Article 64 Entry into Force

- Article 65 Addressees

Über Autor(innen)

Eleni Kosta is full Professor of Technology Law and Human Rights at the Tilburg Institute for Law, Technology and Society (TILT, Tilburg University, the Netherlands). Eleni is conducting research on human rights with a focus on privacy and data protection, specialising in electronic communications and new technologies. She has been involved in numerous EU research projects. In 2014 Eleni was awarded a personal research grant for research on privacy and surveillance by the Dutch Research Organisation (VENI/NWO). She is member of the Cyprus Council of Recognition of Higher Education Qualifications (KY.S.A.T.S.) and observer to the Europol Financial Intelligence Public Private Partnership (EFIPPP). She is a member of editorial boards of academic journals (EDPL, IRLCT etc.) and conferences and workshops scientific and organising committees (CPDP, ISP etc.). Eleni also collaborates as associate with timelex.

Franziska Boehm is full Professor of Immaterial Rights at the Karlsruhe Institute of Technology and FIZ-Karlsruhe, Leibniz Institute for Information Infrastructure. Franziska is conducting research on privacy and data protection, IP- and IT-law. She has been involved in numerous EU and national research projects and is an expert in third states data transfer (EU-US). She advises national as well as EU institutions on questions of privacy and data protection. She is a member of editorial boards of academic journals (EDPL) and conferences and workshops scientific and organising committees.