The Data Protection Framework Decision of 27 November 2008 Regarding Police and Judicial Cooperation in Criminal Matters – Modest But Not the Data Protection Text Everybody Expected

Computer Law & Security Review, Volume 25, Issue 5, September 2009, Pages 403-414

12 Pages Posted: 31 Mar 2021 Last revised: 8 Sep 2021

See all articles by Paul De Hert

Paul De Hert

Free University of Brussels (VUB)- LSTS; Tilburg University - Tilburg Institute for Law, Technology, and Society (TILT)

Vagelis Papakonstantinou

Faculty of Law and Criminology, Vrije Universiteit Brussel

Date Written: 2009

Abstract

After more than three years in the making, that have witnessed much controversy, several working texts and at least two altogether different versions, the Data Protection Framework Decision “on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters” (hereafter, the DPFD) was finally adopted on 27 November 2008. The DPFD was supposed to be celebrated as the Data Protection Directive equivalent in European law enforcement (Third Pillar) processing. However, since its formal adoption, and even before that, data protection proponents (the European Data Protection Supervisor, the Article 29 Working Party, national Data Protection Commissioners, NGOs) lamented its adoption as the result of changes that ultimately compromised data protection. Is the DPFD a disappointment to the great expectations that accompanied its first draft, back in 2006? An attempt to address this question shall be undertaken in this paper.

Keywords: Data, Protection

Suggested Citation

De Hert, Paul and Papakonstantinou, Vagelis, The Data Protection Framework Decision of 27 November 2008 Regarding Police and Judicial Cooperation in Criminal Matters – Modest But Not the Data Protection Text Everybody Expected (2009). Computer Law & Security Review, Volume 25, Issue 5, September 2009, Pages 403-414 , Available at SSRN: https://ssrn.com/abstract=3447114

Paul De Hert

Free University of Brussels (VUB)- LSTS ( email )

Pleinlaan 2
Brussels, Brabant 1050
Belgium

Tilburg University - Tilburg Institute for Law, Technology, and Society (TILT) ( email )

P.O.Box 90153
Prof. Cobbenhagenlaan 221
Tilburg, 5037
Netherlands

Vagelis Papakonstantinou (Contact Author)

Faculty of Law and Criminology, Vrije Universiteit Brussel ( email )

Pleinlaan 2
Brussels, 1050
Belgium

HOME PAGE: http://vpapakonstantinou.com

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