The
Police Directive ensures the protection of personal data of individuals
involved in criminal proceedings, be it as witnesses, victims, or
suspects. It will also facilitate a smoother exchange of information
between Member States' police and judicial authorities, improving
cooperation in the fight against terrorism and other serious crime in
Europe. It establishes a comprehensive framework to ensure a high level
of data protection whilst taking into account the specific nature of the
police and criminal justice field.
How does the Data Protection Directive for the police and criminal justice sector impact law enforcement operations?
Law
enforcement authorities will be able to exchange data more efficiently
and effectively. By further harmonising the 28 different national
legislations, the common rules on data protection will enable law
enforcement and judicial authorities to cooperate more effectively and
more rapidly with each other. It will facilitate the exchange of
personal data necessary to prevent crime under conditions of legal
certainty, fully in line with the Charter of Fundamental Rights.
Criminal
law enforcement authorities will no longer have to apply different sets
of data protection rules according to the origin of the personal data,
saving time and money.
The
new rules will apply to both domestic processing and cross-border
transfers of personal data. Having more harmonised laws in all EU Member
States will make it easier for our police forces to work together. The
rules in the Directive take account the specific needs of criminal law
enforcement and respect the different legal traditions in Member States.
How does the Directive affect citizens?
Individuals'
personal data will be better protected. The Directive protects
citizens' fundamental right to data protection when data is used by
criminal law enforcement authorities. Everyone's personal data should be
processed lawfully, fairly, and only for a specific purpose. All law
enforcement processing in the Union must comply with the principles of
necessity, proportionality and legality, with appropriate safeguards for
the individuals. Supervision is ensured by independent national data
protection authorities and effective judicial remedies must be provided.
The
Directive also provides clear rules for the transfer of personal data
by criminal law enforcement authorities outside the EU, to ensure that
these transfers take place with an adequate level of data protection.
The directive provides robust rules on personal data exchanges at
national, European and international level.
How does the Directive affect the work of criminal law enforcement?
Having
the same law in all EU Member States will make it easier for our
criminal law enforcement authorities to work together in exchanging
information. This will increase the efficiency of criminal law
enforcement and thus create conditions for more effective crime
prevention.
This
is also why the Data Protection Directive is considered a key element
of the development of the EU's area of freedom, security and justice and
a building block of the EU Agenda on Security. The Directive replaces
Framework Decision 2008/977/JHA which previously governed data
processing by police and judicial authorities.
The
entry into force of the Lisbon Treaty and, in particular, the
introduction of a new legal basis (Article 16 TFEU) allows the
establishment of a comprehensive data protection framework in the area
of police and judicial cooperation in criminal matters. The new
framework will cover both cross-border and domestic processing of
personal data.
