The Impact of Directive (EU) 2016/680 on the Processing of Personal Data by Competent Authorities for the Purposes of the Prevention, Investigation, Detection or Prosecution of Criminal Offences or the Execution of Criminal Penalties and on the Free Movement of Such Data on the Existing Privacy Regime

Abstract

The intention of the EU parliament to ensure a high level of data protection while also ensuring that same does not inhibit the free flow of data in the realm of the investigation and prosecution of crime materialized into the adoption of Directive (EU) 2016/680 which will become applicable from 2018 repealing the Council Framework Decision 2008/977/JHA. This paper examines the changes that have been effected in the new Directive and how some of these provisions will play out on the Directive 95/46/EC being the general data protection directive which has been repealed by the Regulation (EU) 2016/679.The paper will also consider in some cases the relationship between the new Directive and the new Regulation. The Directive (EU) 2016/680 also provides for a lot of new data protection rules not existent under the previous regime. The effect/possible impact of these are discussed in this paper.