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Protection of Personal Data of Crime Victims in European Union Law – Latest Developments

100%

Grzelak A.

Polish Yearbook of International Law

2018

tom 38

209-228

In EU law a lot of attention has recently been paid to personal data protection standards. In parallel to the development of the general EU rules on data protection, the Members States also develop cooperation between law enforcement agencies and create new information exchange possibilities, including the processing of personal data of participants in criminal proceedings. The aim of this article is to analyse whether the personal data of victims of crime are safeguarded according to the standards of the Charter of Fundamental Rights. For this purpose, the author analyses two directives: 2012/29/EU, which regulates minimum standards of victims of crime; and 2016/680/EU (also known as the Law Enforcement Directive), which regulates personal data processing for the purpose of combating crime. Based on the example of the Polish legislation implementing both directives, the author comes to the conclusion that the EU legislation is not fully coherent and leaves too much margin of appreciation to the national legislator. This results in a failure to achieve the basic goals of both directives. The author expects the necessary reflection not only from the national legislator, but also from the European Commission, which should check the correctness of the implementation of the directives, as well as from national courts, which should use all possible measures to ensure that the national law is interpreted in the light of the objectives of the directives.

Processing Personal Data by the Police in the Light of Changes in EU Law

88%

Sprycha A.

2017

tom 9(2)

229-237

In implementing their statutory tasks the Police can acquire a whole range of personal information, including sensitive data. This usually has a direct relation with combating crime. Therefore, such powers might be implemented without the knowledge and consent of persons to whom the information (data) concerns. Because police activities cause serious and profound intrusion into the sphere of a person’s private life, whose protection is guaranteed by the Constitution, they must be carried out within the limits strictly permitted by law. When discussing national regulations in force which control the issue of personal data protection, one must also take into consideration EU regulations. First of all the European Parliament and Council Regulation (EU) 2016/679 of 27th April 2016 on the protection of natural persons with regard to the processing of personal data and the European Parliament and Council Directive (EU) 2016/680 of 27th April 2016 on the protection of natural persons with regard to the processing of personal data. This directive, commonly known as the police directive, constitutes regulations on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of prevention, investigation, detection and prosecution of criminal offences and execution of penalties. The national legislator faces a difficult task of implementation of the above-mentioned European legal acts, all the more so because the choice of particular solutions, to be adopted in their transposition to the legislative and implementing provisions, still remains an open issue. The adopted solutions ought to, on the one hand, ensure coherence with national regulations that implement them, on the other hand, they ought to cause the appropriate adjustment of the Polish law regulations to their requirements. The article presents the normative contents and remarks regarding appropriate, consistent with EU law processing of personal data by the Police.