Abstract

The Reform Treaty of Lisbon amending the Treaty on European Union (TEU) and the Treaty establishing the European Community (TEC) was signed at Lisbon on December 13, 2007. The TEU radically altered the structure of what used to be the TEC, now called Treaty on the Functioning of the European Union (TFEU). It does away with the former pillar structure, thus abolishing the institutional structure of separate policy areas with regard to police and judicial co-operation in criminal matters. Until the Lisbon Treaty came into force in December 2009, the EU Data Protection Directive (95/46/EC) exempted second and third pillar issues from data protection scrutiny. The Lisbon Treaty now makes such scrutiny possible. With the planned revision of the Data Protection Directive in November 2011, data controllers processing sensitive data, including surveillance systems, may be obliged to subject them to privacy impact assessment.

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