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EU: DATA PROTECTION REVIEW: INCLUDING THE "FREE MOVEMENT" OF LAW ENFORCEMENT DATA

01 December 2011

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EU: DATA PROTECTION REVIEW: INCLUDING THE "FREE MOVEMENT" OF LAW ENFORCEMENT DATA: European Commission: Proposal for Proposal for a Regulation on the protection of individuals with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation) (pdf) This is intended to be a substantial review of data protection and is now out in the Commission for Inter-Service consultation. In fact it contains two proposals:

- a Regulation on the processing of personal data (replacing the 1995 Directive)

- and a "Directive of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data by competent authorities for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and the free movement of such data (Police and Criminal Justice Data Protection Directive)."

The Commission cites the almost universally criticised Framework Decision 2008/977/JHA for the protection of personal data in the areas of police co-operation and judicial co-operation in criminal matters as a precedent for a new measure. In 2008 the European Parliament - which was only "consulted" - voted overwhelmingly, 556 in favour to 90 against and 19 abstentions, to reiterate - for the third time - substantial amendments to the proposed Framework Decision on the transfer of personal data in police and judicial matters. See: European Parliament press release in 2008 (pdf)

See Statewatch's Observatory on data protection in police and judicial matters (2005-2008)

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