EDPL - European Data Protection Law Review

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The search returned 3 results.

Catherine Jasserand

European Data Protection Law Review, Volume 9 (2023), Issue 4, Page 430 - 443

This article discusses whether the deployment of facial recognition technologies for surveillance and policing purposes is necessary in democratic public spaces, taking into account the tests of necessity as established by the European Court of Human Rights and the European Court of Justice in interpreting the limits to the fundamental rights to privacy and data protection. The article focuses, in particular, on the rules proposed by the European Commission in the future AI Act aimed at regulating the use of Remote Biometric Identification systems (RBIs). This generic term ‘RBI’ covers multiple biometric applications, including facial recognition technologies. In its legislative proposal, the European Commission proposed banning the live use of the technologies, except in three situations. The Council agreed with the proposal, while the European Parliament proposed to ban all uses by all actors, except the retrospective use by law enforcement authorities to prosecute specific serious crimes after judicial authorisation. Using the tests developed by the two Courts and the guidance of the European Data Protection Supervisor on necessity, the article assesses whether the proposed rules on RBIs stand the legal test of necessity. Keywords: FRTs, AI Act, law enforcement, necessity, proportionality

Catherine Jasserand

European Data Protection Law Review, Volume 4 (2018), Issue 2, Page 152 - 167

This article questions the role of the principle of purpose limitation in a situation where personal data are collected under the General Data Protection Regulation (GDPR) and further processed under the regime of the ‘police and criminal justice’ Directive. It reviews the rules set out in both instruments, concerning the principle of purpose limitation and the further processing of personal data for a different purpose. The analysis of the rules under Directive 2016/680 reveals some ambiguity: are the rules applicable to the subsequent use of any personal data (including those collected under the GDPR)? Or are the rules limited to the subsequent use of ‘police or criminal justice’ data? Building on the ambiguous wording of Article 4(2) of the Directive, the article addresses the two hypotheses and analyses their consequences. It concludes with the uncertainty of the applicable rules and the likelihood of diverging interpretations at the national level.

Catherine Jasserand

European Data Protection Law Review, Volume 2 (2016), Issue 3, Page 297 - 311

For many years, the status of biometric data from a European data protection perspective generated a lot of discussions among European bodies and legal experts. Finally, after four years of lengthy negotiations, the European institutions have adopted a new data protection framework. For the first time, the concept of biometric data is introduced in a European legislative text. Beyond being defined, biometric data are also treated as sensitive data. The changes introduced by the new data protection framework and the issues they raise will be assessed in this article. In a first section, the article will introduce the topic and clarify some terminological aspects. In a second section, it will summarise the slow introduction of the notion of ‘biometric data’ into the European data protection landscape before the adoption of the Data Protection Reform Package. The next section will deconstruct the concept of biometric data with the help of the definition of personal data. It will then argue that the threshold of identification required for biometric data is higher than the one required for ‘generic’ personal data. In a fourth section, the article will assess the ‘sensitive data’ regime that is applicable to biometric data. It will also question the element of the context of the processing, that has been added as the condition that triggers the extra protection granted to sensitive data. The last section will conclude on the changes introduced by the new provisions.

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