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Die Suche erzielte 3 Treffer.

Shortcomings of the Passenger Name Record Directive in Light of Opinion 1/15 of the Court of Justice of the European Union Journal Artikel

Sara Roda

European Data Protection Law Review, Jahrgang 6 (2020), Ausgabe 1, Seite 66 - 83

By 25 May 2020, the European Commission is obliged to conduct a full review of the Passenger Name Record (PNR) Directive and provide a comprehensive report to the European Parliament and the Council on seven key aspects of the said Directive. These range from an assessment of the necessity and proportionality for collecting and processing PNR data in relation to each of the Directive’s purposes, to the length of the data retention period, and even the effectiveness of exchanging information among Member States, including statistical information on the number of passengers whose PNR data has been collected, exchanged or identified for further examination. The review could lead the European Commission to present a legislative proposal to amend the PNR Directive which could either reinforce, maintain or dilute the EU PNR system. More recently, two not-for-profit associations have legally challenged the national PNR schemes based on the PNR Directive. This paper questions the validity of certain provisions of the Directive in light of Opinion 1/15 of the Court of Justice of the European Union of 26 July 2017 concerning the EU-Canada PNR Agreement. It also calls on the European Commission, as guardian of the EU Treaties and of EU law, to conform the PNR Directive to the Luxembourg Court case-law on mass data retention schemes, taking advantage of the review momentum. Keywords: CJEU; Opinion 1/15; Directive 2016/681; data protection; PNR; law enforcement; data retention; Articles 7 and 8 of the Charter of Fundamental Rights



The Court of Justice as a Key Player in Privacy and Data Protection: Journal Artikel

An Overview of Recent Trends in Case Law at the Start of a New Era of Data Protection Law

Christopher Docksey, Hielke Hijmans

European Data Protection Law Review, Jahrgang 5 (2019), Ausgabe 3, Seite 300 - 316

In this article we discuss the main trends in the recent case law of the CJEU, following the three landmark cases of Digital Rights Ireland, Google Spain, and Schrems. The CJEU has followed a broad approach to scope and a strict approach to exceptions, ensuring that where personal information is processed there will be one or more controllers who will be accountable for such processing. The Court has also recognised that data protection requires a balancing with other fundamental rights such as freedom of expression, and has followed a common sense approach that allows personal information to be processed in a proportionate manner for legitimate purposes. We conclude that the case law has had a positive impact on the data protection legal framework and that the CJEU is likely to maintain its approach in order to ensure that the GDPR is fully effective. Keywords: Case Law, CJEU, Accountability, Fundamental Rights, GDPR

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