Research Group Fundamental Rights & Constitutionalism (FRC)
The Research Group Fundamental Rights & Constitutionalism (FRC) at the Vrije Universiteit Brussel coordinates and centralizes the many human-rights linked research projects in the law faculty. Both theory of human rights, national human rights law (constitutional law, criminal law, civil law, …) and international human rights law are brought together with the objective of engendering and stimulating integrated human rights research projects.
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De Hert Paul, Papakonstantinou Vagelis (2018) Data protection policies in EU Justice and Home Affairs. A multi-layered and yet unexplored territory for legal research. In: Servent Ariadna Ripoll, Florian Trauner (eds.) Routledge Handbook of Justice and Home Affairs Research. Routledge, pp. 169-179. ▸ Abstract
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 - Key words: data protection; EU law
De Hert Paul, Safjert Juraj (2018) The role of the data protection authorities in supervising police and criminal justice authorities processing personal data. In: C. Briè, re, A. Weyembergh (eds.) The needed balances in EU Criminal Law: past present and future. Hart Publishing, pp. 243-255. ▸ Abstract
Abstract: In this chapter, we focus on the role of supervisory authorities monitoring police and criminal justice authorities. This issue raises delicate questions, as the EU legislator was called upon to strike the right balance between diverse interests. In today’s context, no one can deny the importance of access and storage of data, as well as of cross-border data exchanges by police and judicial authorities for the prevention of and the fight against crime. However, no one can deny either the importance of respecting fundamental rights and data protection rules, when collecting, storing, and exchanging personal data. The role of these supervisory authorities constitutes an essential tool to ensure that an appropriate balance is taken and implemented by national police and criminal justice authorities; hence the sensitivity and interest of addressing this issue. After providing a birds-eye view of the EU data protection law in section II, we will briefly explain the basic role of supervisory authorities in section III. Section IV will focus on the requirements for independence of supervisory authorities. In section V, we will look at the competence of such authorities in the supervision of judges and prosecutors. Section VI analyses the powers of supervisory authorities in the criminal justice sector. Section VII provides some practical details on handling complaints and modes of cooperation of supervisory authori- ties. Our concluding remarks are presented in section VIII. - Key words: criminal law; data protection