The EU Law Enforcement Directive (LED)
A Commentary
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Product details:
- Publisher OUP Oxford
- Date of Publication 29 January 2024
- ISBN 9780192855220
- Binding Hardback
- No. of pages992 pages
- Size 253x176x56 mm
- Weight 1834 g
- Language English 633
Categories
Short description:
The EU Law Enforcement Directive (LED): A Commentary provides an article-by-article commentary on the Law Enforcement Directive (Directive 2016/680) edited by two leading scholars in the field of personal data protection.
MoreLong description:
The Law Enforcement Directive 2016/680 (LED) is the first legal instrument in the EU which comprehensively regulates the use of personal data by law enforcement authorities, creating a minimum standard of privacy protection across the EU. Together with the General Data Protection Regulation (GDPR), it stands at the heart of the legal reform of the EU's data protection law. Although it was adopted at the same time as the GDPR, the LED has not received the same scholarly attention, despite its significant impact and controversial implementation in Member States.
The EU Law Enforcement Directive (LED): A Commentary addresses this by providing an article-by-article commentary on the Directive. Drawing on the expertise of leading scholars, regulators, and practitioners in the EU data protection field, it offers a detailed analysis of its legal provisions, drawing on relevant case law and scholarship to illuminate the key aspects and intricacies of each provision. It analyses national transpositions of the LED while taking into account the GDPR and the regulations on the processing of personal data by EU institutions, bodies, offices and agencies. For further context, it includes introductory chapters on the background and evolution of the Directive, the Council of Europe, and the impact of Brexit on the LED.
This comprehensive volume is an excellent resource for anyone seeking authoritative guidance on the application and interpretation of LED provisions, especially judges, legal practitioners, prosecutors, competent authorities, and academics.
The EU Law Enforcement Directive (LED): A Commentary is an authoritative and indispensable resource for anyone working at the intersection of law enforcement, data protection and privacy law. Its clear structure, legal rigour and policy relevance make it a highly valuable contribution to the field. While there is room for more practical examples and discussions on emerging technologies, the book stands out as the definitive reference on the LED, ensuring its place as a must-read for legal and regulatory professionals navigating this complex area of EU law.
Table of Contents:
Background and Evolution of the EU Law Enforcement Directive (LED)
Council of Europe
Brexit
National Implementations
Part 1: General Provisions (Articles 1-3)
Article 1 Subject Matter and Objectives
Article 2 Scope
Article 3 Definitions
Part II: Principles (Articles 4-11)
Article 4 Principles Relating to Processing of Personal Data
Article 5 Time-Limits for Storage and Review
Article 6 Distinction between Different Categories of Data Subject
Article 7 Distinction between Personal Data and Verification of Quality of Personal Data
Article 8 Lawfulness of Processing
Article 9 Specific Processing Conditions
Article 10 Processing of Special Categories of Personal Data
Article 11 Automated Individual Decision-Making
Part III: Rights of the Data Subjects (Articles 12-18)
Article 12 Communication and Modalities for Exercising the Rights of the Data Subject
Article 13 Information to be Made Avaliable or Given to the Data Subject
Article 14 Right of Access by the Data Subject
Article 15 Limitations to the Right of Access
Article 16 Right to Rectification or Erasure of Personal Data and Restriction of Processing
Article 17 Exercise of Rights by the Data Subject and Verification by the Supervisory Authority
Article 18 Rights of the Data Subject in Criminal Investigations and Proceedings
Part IV Controller and Processor (Articles 19-34)
Article 19 Obligations of the Controller
Article 20 Data Protection by Design and by Default
Article 21 Joint Controllers
Article 22 Processor
Article 23 Processing under the Authority of the Controller or Processor
Article 24 Records of Processing Activity
Article 25 Logging
Article 26 Cooperation with the Supervisory Authority
Article 27 Data Protection Impact Assessment
Article 28 Prior Consultation of the Supervisory Authority
Article 29 Security of Processing
Article 30 Notification of a Personal Data Breach to the Supervisory Authority
Article 31 Communication of a Personal Data Breach to the Data Subject
Article 32 Designation of the Data Protection Officer
Article 33 Position of the Data Protection Officer
Article 34 Tasks of the Data Protection Officer
Part V Transfers of Personal Data to Third Countries or International Organisations (Articles 35-40)
Article 35 General Principles for Transfers of Personal Data
Article 36 Transfers on the basis of an Adequacy Decision
Article 37 Transfers Subject to Appropriate Safeguards
Article 38 Derogations for Specific Situations
Article 39 Transfers of Personal Data to Recipients Established in Third Countries
Article 40 International Cooperation for the Protection of Personal Data
Part VI Independent Supervisory Authorities (Articles 41-49)
Article 41 Supervisory Authority
Article 42 Independence
Article 43 General Conditions for the Members of the Supervisory Authority
Article 44 Rules on the Establishment of the Supervisory Authority
Article 45 Competence
Article 46 Tasks
Article 47 Powers
Article 48 Reporting of Infringements
Article 49 Activity Reports
Part VII Cooperation (Articles 50-51)
Article 50 Mutual Assistance
Article 51 Tasks of the Board
Part VIII Remedies, Liability, and Penalties (Articles 52-57)
Article 52 Right to Lodge a Complaint with a Supervisory Authority
Article 53 Right to an Effective Judicial Remedy Against a Supervisory Authority
Article 54 Right to an Effective Judicial Remedy Against a Controller or Processor
Article 55 Representation of Data Subjects
Article 56 Right to Compensation
Article 57 Penalties
Part IX Implementing Act (Article 58)
Articles 58 Committee Procedure
Chapter X Final Provisions (Articles 59-65)
Article 59 Repeal of Framework Decision 2008/977/JHA
Article 60 Union Legal Acts already in Force
Article 61 Relationship with Previously Concluded International Agreements in the Field of Judicial Cooperation in Criminal Matters and Police Cooperation
Article 62 Commission Reports
Article 63 Transposition
Article 64 Entry into Force
Article 65 Addressees
