Data protection policies in EU Justice and home affairs: A multi-layered and yet unexplored territory for legal research

Paul de Hert, Vagelis Papakonstantinou

Research output: Chapter in Book/Report/Conference proceedingChapterScientificpeer-review

Abstract

Data protection is an EU law field that has undergone substantial change over the past few years. In April 2016 a five-year law-making process finally came to an end, with the adoption of the General Data Protection Regulation and the Police and Criminal Justice Data Protection Directive. The Directive, upon which this analysis is focused, is an ambitious text, aimed at assuming the data protection standard-setting role within the EU Justice and Home Affairs field at Member State level. At EU level Regulation 45/2001/EC is generally applicable on personal data processing by most of the EU agencies and bodies in the field. Its provisions are “particularised” and “complemented” by ad hoc substantive data protection law per each such actor. All of them, however, are to be aligned with the provisions of the Directive. Although supervision tasks are uniformly entrusted to the EDPS, the different mandates for each of the actors continue to apply. This, unnecessarily, complex legal architecture is found detrimental to the data protection purposes and ultimately against the requirements of Article 16 TFEU
Original languageEnglish
Title of host publicationRoutledge Handbook of Justice and Home Affairs Research
EditorsAriadna Ripoll Servent, Florian Trauner
PublisherRoutledge
Pages169-179
Number of pages11
ISBN (Electronic) 978-1-315-64562-9
ISBN (Print)978-1-138-18375-9
Publication statusPublished - 2018

Fingerprint

data protection
EU
justice
regulation
personal data
Law
European Law
European Community
supervision
police

Cite this

de Hert, P., & Papakonstantinou, V. (2018). Data protection policies in EU Justice and home affairs: A multi-layered and yet unexplored territory for legal research. In A. R. Servent, & F. Trauner (Eds.), Routledge Handbook of Justice and Home Affairs Research (pp. 169-179). Routledge.
de Hert, Paul ; Papakonstantinou, Vagelis. / Data protection policies in EU Justice and home affairs : A multi-layered and yet unexplored territory for legal research. Routledge Handbook of Justice and Home Affairs Research. editor / Ariadna Ripoll Servent ; Florian Trauner. Routledge, 2018. pp. 169-179
@inbook{b3cd625c41844460bd655cbea028daba,
title = "Data protection policies in EU Justice and home affairs: A multi-layered and yet unexplored territory for legal research",
abstract = "Data protection is an EU law field that has undergone substantial change over the past few years. In April 2016 a five-year law-making process finally came to an end, with the adoption of the General Data Protection Regulation and the Police and Criminal Justice Data Protection Directive. The Directive, upon which this analysis is focused, is an ambitious text, aimed at assuming the data protection standard-setting role within the EU Justice and Home Affairs field at Member State level. At EU level Regulation 45/2001/EC is generally applicable on personal data processing by most of the EU agencies and bodies in the field. Its provisions are “particularised” and “complemented” by ad hoc substantive data protection law per each such actor. All of them, however, are to be aligned with the provisions of the Directive. Although supervision tasks are uniformly entrusted to the EDPS, the different mandates for each of the actors continue to apply. This, unnecessarily, complex legal architecture is found detrimental to the data protection purposes and ultimately against the requirements of Article 16 TFEU",
author = "{de Hert}, Paul and Vagelis Papakonstantinou",
year = "2018",
language = "English",
isbn = "978-1-138-18375-9",
pages = "169--179",
editor = "Servent, {Ariadna Ripoll} and Florian Trauner",
booktitle = "Routledge Handbook of Justice and Home Affairs Research",
publisher = "Routledge",
address = "United Kingdom",

}

de Hert, P & Papakonstantinou, V 2018, Data protection policies in EU Justice and home affairs: A multi-layered and yet unexplored territory for legal research. in AR Servent & F Trauner (eds), Routledge Handbook of Justice and Home Affairs Research. Routledge, pp. 169-179.

Data protection policies in EU Justice and home affairs : A multi-layered and yet unexplored territory for legal research. / de Hert, Paul; Papakonstantinou, Vagelis.

Routledge Handbook of Justice and Home Affairs Research. ed. / Ariadna Ripoll Servent; Florian Trauner. Routledge, 2018. p. 169-179.

Research output: Chapter in Book/Report/Conference proceedingChapterScientificpeer-review

TY - CHAP

T1 - Data protection policies in EU Justice and home affairs

T2 - A multi-layered and yet unexplored territory for legal research

AU - de Hert, Paul

AU - Papakonstantinou, Vagelis

PY - 2018

Y1 - 2018

N2 - Data protection is an EU law field that has undergone substantial change over the past few years. In April 2016 a five-year law-making process finally came to an end, with the adoption of the General Data Protection Regulation and the Police and Criminal Justice Data Protection Directive. The Directive, upon which this analysis is focused, is an ambitious text, aimed at assuming the data protection standard-setting role within the EU Justice and Home Affairs field at Member State level. At EU level Regulation 45/2001/EC is generally applicable on personal data processing by most of the EU agencies and bodies in the field. Its provisions are “particularised” and “complemented” by ad hoc substantive data protection law per each such actor. All of them, however, are to be aligned with the provisions of the Directive. Although supervision tasks are uniformly entrusted to the EDPS, the different mandates for each of the actors continue to apply. This, unnecessarily, complex legal architecture is found detrimental to the data protection purposes and ultimately against the requirements of Article 16 TFEU

AB - Data protection is an EU law field that has undergone substantial change over the past few years. In April 2016 a five-year law-making process finally came to an end, with the adoption of the General Data Protection Regulation and the Police and Criminal Justice Data Protection Directive. The Directive, upon which this analysis is focused, is an ambitious text, aimed at assuming the data protection standard-setting role within the EU Justice and Home Affairs field at Member State level. At EU level Regulation 45/2001/EC is generally applicable on personal data processing by most of the EU agencies and bodies in the field. Its provisions are “particularised” and “complemented” by ad hoc substantive data protection law per each such actor. All of them, however, are to be aligned with the provisions of the Directive. Although supervision tasks are uniformly entrusted to the EDPS, the different mandates for each of the actors continue to apply. This, unnecessarily, complex legal architecture is found detrimental to the data protection purposes and ultimately against the requirements of Article 16 TFEU

M3 - Chapter

SN - 978-1-138-18375-9

SP - 169

EP - 179

BT - Routledge Handbook of Justice and Home Affairs Research

A2 - Servent, Ariadna Ripoll

A2 - Trauner, Florian

PB - Routledge

ER -

de Hert P, Papakonstantinou V. Data protection policies in EU Justice and home affairs: A multi-layered and yet unexplored territory for legal research. In Servent AR, Trauner F, editors, Routledge Handbook of Justice and Home Affairs Research. Routledge. 2018. p. 169-179