Skip to content

Author: Fanny Coudert

  • «
  • 1
  • »

The search returned 2 results.

The Europol Regulation and Purpose Limitation: journal article

From the ‘Silo-Based Approach’ to … What Exactly?

Fanny Coudert

European Data Protection Law Review, Volume 3 (2017), Issue 3, Page 313 - 324

The Europol Regulation entered into force on the 1 May 2017. The instrument has however received little attention and the content was hardly debated. Yet, it brings forth a major change in terms of data protection: the principle of purpose limitation is not implemented anymore through the so-called ‘silo-based approach’. The focus of the Regulation is not on databases but on data processing operations. This article reviews the impact of this shift, in particular as purpose limitation is restated as fundamental principle in the field of law enforcement cooperation, both because of the opacity of the personal data processing operations and their significant impact on the lives and freedoms of individuals. To that end, it first describes the context and content of the reform before highlighting the limits of this approach. It finally formulates some recommendations for the implementation of purpose limitation in this new context.

The Legitimacy of Bulk Transfers of PNR Data to Law Enforcement Authorities under the Strict Scrutiny of AG Mengozzi journal article

Fanny Coudert

European Data Protection Law Review, Volume 2 (2016), Issue 4, Page 596 - 601

Request for an Opinion 1/15, Opinion of Advocate General Mengozzi, Court of Justice of the European Union, 8 September 2016, ECLI:EU:C:2016:656 The compatibility of bulk transfers of PNR data to Canadian law enforcement authorities with the EU Charter of Fundamental Rights requires clear and precise provisions as regard the scope of the Agreement, the way how the data will be used, the authorities and persons accessing the data, data retention periods, and onwards transfers. Such regimes should be accompanied by strict oversights mechanisms that ensure an independent control and provide sufficient and clear remedies to individuals. Sensitive data should be excluded from the scope of the Agreement. Proposal for a Council Decision on the conclusion of the Agreement between Canada and the European Union on the transfer and processing of Passenger Name Record Data (COM(2013)528 final) - Article 16, 82 and 87 Treaty on the Functioning of the EU - Articles 7, 8 and Article 52(1) of the Charter of Fundamental Rights of the EU

  • «
  • 1
  • »

News


Current Issue

Issue 4 / 2023