Data Protection, Migration and Border Control: The GDPR, the Law Enforcement Directive and Beyond

This book provides an extensive analysis of the LED and Regulation (EU) 2018/1725, illustrating the challenges arising from the unclear delineation between the different data protection instruments at both national and EU levels. It exemplifies situations where the application of data protection instruments could give rise to a lowering of data protection standards in the law enforcement context.

Format: Hardback
Length: 288 pages
Publication date: 17 November 2022
Publisher: Bloomsbury Publishing PLC

This book is a comprehensive assessment of data protection rules that apply to the processing of personal data in the context of law enforcement. It provides the first in-depth analysis of the Legal Framework for Electronic Communications (LED) and Regulation (EU) 2018/1725. Through illustrative examples, it sheds light on the challenges arising from the blurred boundaries between various data protection instruments at both national and EU levels. By adopting a practical approach, the book showcases scenarios where the broad interpretation of data protection rules in the law enforcement context could lead to a decline in data protection standards. The reach of data protection instruments employed by law enforcement authorities has significant implications for processing activities related to border control, migration management, and asylum, as there is a lack of clarity regarding the distinction between these instruments.

The book delves into the legal framework governing the processing of personal data in the context of law enforcement, including the Legal Framework for Electronic Communications (LED) and Regulation (EU) 2018/1725. It offers a detailed examination of the challenges arising from the ambiguous delineation between different data protection instruments at both national and EU levels. Through practical examples, the book showcases scenarios where the broad interpretation of data protection rules in the law enforcement context could lead to a decline in data protection standards.

The scope of data protection instruments applied by law enforcement authorities impacts processing for purposes of border control, migration management, and asylum due to the lack of clarity regarding the distinction between these instruments. The book emphasizes the importance of a balanced approach that ensures the protection of personal data while also facilitating law enforcement operations. It suggests that policymakers and legal professionals should work together to develop clear guidelines and regulations that strike a balance between data protection and law enforcement needs.

Furthermore, the book highlights the need for ongoing monitoring and evaluation of data protection practices in the law enforcement context to ensure that they remain in line with evolving legal and technological developments. It recommends that regular reviews and assessments be conducted to identify areas of improvement and ensure that data protection standards are maintained at a high level.

In conclusion, this book is a valuable resource for policymakers, legal professionals, and anyone interested in understanding the complex relationship between data protection and law enforcement. It provides a comprehensive analysis of the relevant legal framework and offers practical insights into the challenges and opportunities associated with processing personal data in the law enforcement context. By promoting a balanced approach and ongoing monitoring and evaluation, the book aims to contribute to the development of effective data protection practices that safeguard the rights and privacy of individuals while also supporting law enforcement operations.

Weight: 588g
Dimension: 163 x 243 x 26 (mm)
ISBN-13: 9781509959631