Surveillance and Data Protection Flashcards
(25 cards)
What is Article 4(2) TEU in relation to data protection?
A crucial provision due to it providing that national security remains the sole responsibility of each Member State. This means that Member States have the primary authority to legislate and carry out activities related to their national security, including intelligence gathering and surveillance.
What are the limitations of Article 4(2) TEU?
The CJEU has consistently ruled that while national security is a Member State’s sole responsibility, this does not create a blanket exemption from EU law.
What is Article 83 TFEU?
This allows for the establishment of minimum rules concerning the definition of criminal offences and sanctions in areas of particularly serious crimes with a cross-border dimension.
What is the relationship between Article 83 TFEU and mass surveillance?
Article 83 TFEU does not directly provide a legal basis for surveillance.
What is Directive (EU) 2016/680?
The Directive that sets out the rules for the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection, or prosecution of criminal offences.
Does Directive (EU) 2016/680 authorise the indiscriminate collection of data?
No.
What is the Prüm Framework?
A series of EU legal instruments that facilitate the automated exchange of information between Member States for law enforcement.
What are the criticisms against the Prüm Framework?
That it has the potential to lead to mass surveillance if safeguards are insufficient.
What is Directive 95/46/EC?
A foundational piece of EU legislation on data protection, often referred to as the Data Protection Directive.
What are the purposes of Directive 95/46/EC?
Two main objectives: Protect Fundamental Rights and Ensure the Free Flow of Data.
Which articles protect “Fundamental Rights”?
Article 8 of the ECHR and Article 7 and 8 of the EU Charter of Fundamental Rights.
What replaced Directive 95/46/EC?
General Data Protection Regulation.
What were some significant updates of GDPR?
Direct applicability; broader territorial scope; stronger rights for data subjects increased accountability; and higher fines for non-compliance.
What are some transatlantic agreements on data protection?
Mutual Legal Assistance Agreement, Passenger Name Record, and Terrorist Finance Tracking Programme.
What is MLAA?
Mutual Legal Assistance Agreement. An agreement between the EU-US (signed 2003, entered into force in 2010), aiming to enhance cooperation in criminal matters.
What are PNR agreements?
Passenger Name Record. Agreements that compel airlines to provide passenger data to US authorities for security purposes.
What are TFTP?
Terrorist Finance Tracking Programmes. The EU-US TFTP allows the US Treasury Department to access financial messaging data to track terrorist financing.
What are the overarching concerns related to data protection?
Privacy (Article 7 CFR/Article 8 ECHR) and data protection (Article 8 CFR).
What is “essentially equivalent” protection?
That personal data transferred to third countries receives a level of protection that is equivalent to that guaranteed within the EU.
What is Article 8 ECHR?
The Right to Respect for Private and Family Life.
What is Article 10 ECHR?
The Freedom of Expression.
Are Articles 8 and 10 ECHR “absolute rights”?
No.
When can Article 8 ECHR be interfered with?
In the interests of national security, public safety or the economic well-being of the country.
What are the requirements for a “legitimate” intereference?
Domestic law, legitimate aim, necessity in democratic society.
