Protecting personal data when being used by police and criminal justice authorities (from 2018)

 

SUMMARY OF:

Directive (EU) 2016/680 — protecting individuals with regard to the processing of their personal data by police and criminal justice authorities, and on the free movement of such data

WHAT IS THE AIM OF THE DIRECTIVE?

KEY POINTS

The directive requires that the data collected by law enforcement authorities are:

Time limits

EU countries must establish time limits for erasing the personal data or for a regular review of the need to store such data.

Individuals concerned (‘data subjects’)

The directive requires that the law enforcement authorities make a clear distinction between the data of different categories of persons including:

Information available or provided to data subject

Individuals have the right to have certain information made available to them by the law enforcement (i.e. data protection) authorities including:

Security

National authorities must take technical and organisational measures to ensure a level of security for personal data that is appropriate to the risk. Where data processing is automated, a number of measures must be put in place, including:

Repeal

The directive replaces Framework Decision 2008/977/JHA on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters with effect from 6 May 2018.

FROM WHEN DOES THE DIRECTIVE APPLY?

It has applied since 5 May 2016. EU countries have to incorporate it into their national law by 6 May 2018.

BACKGROUND

MAIN DOCUMENT

Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 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 (OJ L 119, 4.5.2016, pp. 89–131)

RELATED ACTS

Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, pp. 1–88)

last update 23.01.2017