The Protection of Personal Data Processed Within the Framework of Police and Judicial Cooperation in Criminal Matters

Abstract

The present paper provides a general overview of Framework Decision 2008/977/JHA on the protection of personal data processed within the framework of police and judicial cooperation in criminal matters, adopted much time after Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data—which applies only to activities falling within the scope of the former Community law and does not cover processing operations concerning the activities of the State in areas of criminal law. In line with the original three-pillar construction of the EU, such a frame results in a clear-cut distinction between the protection against data processed for commercial reasons under the former first pillar on the one hand, and the protection against data processed for crime prevention and investigation purposes under the former third pillar on the other. In the light of the entry into force of the Lisbon Treaty, which has removed the pillar structure, the present paper examines the most recent developments towards the adoption of a single legal instrument on personal data protection in the EU, aimed at replacing both the Framework Decision and the Directive.