European Union: CJEU Strikes Down CSAR and Interoperability Regulations in Two Landmark Decisions journal article Teresa Quintel European Data Protection Law Review, Volume 9 (2023), Issue 4, Page 418 - 429 This contribution sets out a fictitious scenario in which the Court of Justice of the European Union hands down two important judgments regarding legislative measures in the year 2033. Those legislative measures chosen for the scenario are on the one hand, an imagined Regulation on preventing and combatting child sexual abuse online and, on the other, two Regulations establishing a framework for interoperability between EU information systems. The imaginary judgments, as put in the contribution, should be seen as landmark decisions as the Court scrutinised the existence of a continuous necessity of the laws in question in light of the relevant changes that took place since their adoption. In addition, the Court’s reasoning to declare void the above legislative measures, in both judgments, relied on the same proportionality assessment formula that already served as reference for similar decisions in the recent past. This contribution will briefly highlight the relevant aspects of the laws that were struck down by the Court, summarise the main developments that had an impact on the matters regulated by those laws and reiterate the main arguments found by the Court. The conclusion emphasises the importance of balancing different fundamental rights and interests in order to achieve an equilibrium between privacy and security. Keywords: GDPR, e-Privacy Regulation, Regulation on preventing and combatting child sexual abuse online, interoperability of EU databases
European Union ∙ Renewed Concerns About Compliance of the Proposed ‘Regulation to Prevent and Combat Child Sexual Abuse’ with Essence of Right to Data Protection: The Council Legal Service Opinion journal article Teresa Quintel European Data Protection Law Review, Volume 9 (2023), Issue 2, Page 173 - 183
European Union ∙ The EDPS on Europol’s Big Data Challenge in Light of the Recast Europol Regulation journal article The Question of Legitimizing Unlawful Practices Teresa Quintel European Data Protection Law Review, Volume 8 (2022), Issue 1, Page 90 - 102
European Union ∙ The Commission Proposal on Combatting Child Sexual Abuse - Confidentiality of Communications at Risk? journal article Teresa Quintel European Data Protection Law Review, Volume 8 (2022), Issue 2, Page 262 - 272
Sweden ∙ The First GDPR Fine in the Country of Openness: Is Sweden Moving towards More Privacy? journal article Teresa Quintel European Data Protection Law Review, Volume 5 (2019), Issue 4, Page 548 - 553
European Union ∙ Eurojust’s Judicial Counter Terrorism Register or How a Council Decision from 2005 Became the Legal Basis for a New Centralised Database journal article Teresa Quintel European Data Protection Law Review, Volume 5 (2019), Issue 3, Page 382 - 388
European Union ∙ Article 29 Data Protection Working Party Opinion on the Law Enforcement Directive journal article Teresa Quintel European Data Protection Law Review, Volume 4 (2018), Issue 1, Page 104 - 109
Interoperability of EU Databases and Access to Personal Data by National Police Authorities under Article 20 of the Commission Proposals journal article Teresa Quintel European Data Protection Law Review, Volume 4 (2018), Issue 4, Page 470 - 482 This contribution assesses data protection concerns relating to the processing of personal data carried out pursuant to Article 20 of the interoperability proposals, which were published by the European Commission on 12 December 2017. The proposals seek to enable all centralised EU databases for security, border and migration management to be interconnected by 2023. Under Article 20 of the proposals, Member States would be permitted to implement national provisions that allow national police authorities to query one of the interoperability components with biometric taken during an identity check. Such queries shall prevent irregular migration and ensure a high level of security within Union. In particular, this article seeks to examine the data protection concerns arising with regard to streamlined law enforcement access to non-law enforcement databases included in the interoperable framework, and addresses risks for individuals to become subject to unfair processing under Article 20 of the interoperability proposal. Keywords: Interoperability, EU Databases, Biometric Data, Random Police Checks, Directive (EU)2016/680, GDPR, Irregular Migration
European Union ∙ The Commission Proposal and EDPS Opinion 7/2018 on the Proposed Regulation Concerning Identity Cards of Union Citizens and Other Documents journal article Teresa Quintel European Data Protection Law Review, Volume 4 (2018), Issue 4, Page 505 - 514
European Union ∙ EDPS and Article 29 Working Party Opinions about the Commission Proposals on the Interoperability of Databases journal article Teresa Quintel European Data Protection Law Review, Volume 4 (2018), Issue 2, Page 217 - 226