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.
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The EU Law Enforcement Directive (LED): A Commentary provides an article-by-article commentary on the Law Enforcement Directive (Directive 2016/680) edited by two leading scholars in the field of personal data protection.
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Teresa Quintel and Eleni Kosta: Background and Evolution of the EU Law Enforcement Directive (LED) Paul de Hert and Juraj Sajfert: Council of Europe Nóra Ní Loideáin: Brexit Juraj Saifert: National Implementations Part 1: General Provisions (Articles 1-3) Magdalena Brewczy'nska: Article 1 Subject Matter and Objectives Plixavra Vogiazoglou: Article 2 Scope Luca Tosoni and Lee A. Bygrave: Article 3 Definitions Part II: Principles (Articles 4-11) Bart Van Der Sloot: Article 4 Principles Relating to Processing of Personal Data Mark Leiser and Bart Custers: Article 5 Time-Limits for Storage and Review Teresa Quintel and Valsamis Mitsilegas: Article 6 Distinction between Different Categories of Data Subject Maria Tzanou: Article 7 Distinction between Personal Data and Verification of Quality of Personal Data Maria Tzanou: Article 8 Lawfulness of Processing Maria Tzanou: Article 9 Specific Processing Conditions Catherine Jasserand: Article 10 Processing of Special Categories of Personal Data Thilo Gottschalk: Article 11 Automated Individual Decision-Making Part III: Rights of the Data Subjects (Articles 12-18) Gloria González Fuster: Article 12 Communication and Modalities for Exercising the Rights of the Data Subject Gloria González Fuster: Article 13 Information to be Made Avaliable or Given to the Data Subject Diana Dimitrova: Article 14 Right of Access by the Data Subject Diana Dimitrova: Article 15 Limitations to the Right of Access Diana Dimitrova: Article 16 Right to Rectification or Erasure of Personal Data and Restriction of Processing Vanessa Franssen and Marine Corhay: Article 17 Exercise of Rights by the Data Subject and Verification by the Supervisory Authority Vanessa Franssen and Marine Corhay: Article 18 Rights of the Data Subject in Criminal Investigations and Proceedings Part IV Controller and Processor (Articles 19-34) Thomas Zerdick: Article 19 Obligations of the Controller Lilian Mitrou: Article 20 Data Protection by Design and by Default Teresa Quintel: Article 21 Joint Controllers Anna Mo'scibroda: Article 22 Processor Anna Mo'scibroda: Article 23 Processing under the Authority of the Controller or Processor Mireille M. Caruana: Article 24 Records of Processing Activity Michael Veale: Article 25 Logging Maria Helen Murphy: Article 26 Cooperation with the Supervisory Authority Marit Hansen: Article 27 Data Protection Impact Assessment Marit Hansen: Article 28 Prior Consultation of the Supervisory Authority Christiana Markou: Article 29 Security of Processing Xavier Tracol: Article 30 Notification of a Personal Data Breach to the Supervisory Authority Xavier Tracol: Article 31 Communication of a Personal Data Breach to the Data Subject Christian Wiese Svanberg: Article 32 Designation of the Data Protection Officer Christian Wiese Svanberg: Article 33 Position of the Data Protection Officer Christian Wiese Svanberg: Article 34 Tasks of the Data Protection Officer Part V Transfers of Personal Data to Third Countries or International Organisations (Articles 35-40) Franziska Boehm: Article 35 General Principles for Transfers of Personal Data Laura Drechsler: Article 36 Transfers on the basis of an Adequacy Decision Laura Drechsler: Article 37 Transfers Subject to Appropriate Safeguards Irene Kamara: Article 38 Derogations for Specific Situations Thomas Marquenie: Article 39 Transfers of Personal Data to Recipients Established in Third Countries Joost Gerritsen: Article 40 International Cooperation for the Protection of Personal Data Part VI Independent Supervisory Authorities (Articles 41-49) Jeanne Pia Mifsud Bonnici and Ritumbra Manuvie: Article 41 Supervisory Authority Jeanne Pia Mifsud Bonnici and Ritumbra Manuvie: Article 42 Independence Hielke Hijmans and Rosamunde van Brakel: Article 43 General Conditions for the Members of the Supervisory Authority Hielke Hijmans and Rosamunde van Brakel: Article 44 Rules on the Establishment of the Supervisory Authority T.J. McIntyre: Article 45 Competence T.J. McIntyre: Article 46 Tasks T.J. McIntyre: Article 47 Powers Grigorios Tsolias: Article 48 Reporting of Infringements Grigorios Tsolias: Article 49 Activity Reports Part VII Cooperation (Articles 50-51) Mireille M. Caruana: Article 50 Mutual Assistance Ignacio Gómez Navarro: Article 51 Tasks of the Board Part VIII Remedies, Liability, and Penalties (Articles 52-57) Herke Kranenborg: Article 52 Right to Lodge a Complaint with a Supervisory Authority Herke Kranenborg: Article 53 Right to an Effective Judicial Remedy Against a Supervisory Authority Evelien Brouwer: Article 54 Right to an Effective Judicial Remedy Against a Controller or Processor Niovi Vavoula: Article 55 Representation of Data Subjects Niovi Vavoula: Article 56 Right to Compensation Niovi Vavoula: Article 57 Penalties Part IX Implementing Act (Article 58) Luca Tosoni: Articles 58 Committee Procedure Chapter X Final Provisions (Articles 59-65) Luca Tosoni: Article 59 Repeal of Framework Decision 2008/977/JHA Anna Mo'scibroda: Article 60 Union Legal Acts already in Force Anna Mo'scibroda: Article 61 Relationship with Previously Concluded International Agreements in the Field of Judicial Cooperation in Criminal Matters and Police Cooperation Anna Mo'scibroda: Article 62 Commission Reports Jonida Milaj: Article 63 Transposition Jonida Milaj: Article 64 Entry into Force Eleni Kosta: Article 65 Addressees
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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.
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Offers the first full-length commentary on the Law Enforcement Directive (2016/680) Comprehensively analyses the Directive, providing clear guidance on its interpretation and application in EU Member States Edited by two leading scholars, it brings together an expert team of academics, practitioners, and regulators in the field of personal data protection
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Produktdetaljer

ISBN
9780192855220
Publisert
2024
Utgiver
Vendor
Oxford University Press
Vekt
1834 gr
Høyde
253 mm
Bredde
176 mm
Dybde
56 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
992

Biographical note

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.