Police And Criminal Justice Flashcards
What is LED?
Law Enforcement Directive (2016/680)
What is the scope of the LED?
LED art. 1: This Directive lays down the rules relating to 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, including the safeguarding against and the prevention of threats to public security.
Can consent work as a basis for processing in the means of LED?
No, Personal data cannot be processed on the basis of a consent
the legal basis must be found in LED Art. 8 or 10
What is the Data retention Directive (2006/24) about and is it valid?
The Data Retention Directive obliged communication service providers to keep metadata available for the specific purpose of fighting serious crime, for at least six but no more than 24 months, regardless of whether or not the provider still needed these data for billing purposes or to technically provide the service.
This led to the invalidation of the Data Retention Directive in Digital Rights Ireland
What did the court ruled in the Tele 2 case?
The Court explicitly states that preventive national data retention regimes can be adopted ‘(…) for the purpose of fighting serious crime, provided that the retention of data is limited, with respect to the categories of data to be retained, the means of communication affected, the persons concerned and the retention period adopted, to what is strictly necessary.’
