Removing Obstacles for Cooperation between EU Financial Intelligence Units: The Data Protection Directive for Police and Criminal Justice Authorities as fitting Data Protection Instrument

2019 ◽  
Author(s):  
Teresa Quintel
2020 ◽  
Vol 11 (3) ◽  
pp. 351-374
Author(s):  
Foivi Mouzakiti

Financial Intelligence Units (FIUs) hold a central position in the chain of actors responsible for the monitoring of money movements in the European Union. In support of their role, which is to receive, analyse and disseminate suspicious transaction reports, they have been furnished with significant information processing powers. At present, FIUs feature prominently in the EU’s anti-money laundering and counterterrorist financing agendas and plans to further enhance their powers of information exchange are underway. At the same time, however, the legal challenges that arise from their constant empowerment, particularly for the protection of personal data, are being overlooked. This article focuses on the cooperation between FIUs in the EU and argues that the latter takes place under a complex legal framework, which raises significant challenges for data protection. In particular, it highlights the present-day uncertainty over the data protection framework that governs their operations and discusses whether FIUs should be subject to the General Data Protection Regulation or to its law enforcement counterpart, the Police Data Protection Directive. The remaining of the article focuses on the ‘ FIU.net ’ – the decentralized network for information exchanges between EU FIUs – and on the data protection challenges that emerged from the recent integration of this network into Europol.


Public Health ◽  
2012 ◽  
Vol 126 (3) ◽  
pp. 253-255 ◽  
Author(s):  
R. Saracci ◽  
J. Olsen ◽  
A. Seniori-Costantini ◽  
R. West

This new book provides an article-by-article commentary on the new EU General Data Protection Regulation. Adopted in April 2016 and applicable from May 2018, the GDPR is the centrepiece of the recent reform of the EU regulatory framework for protection of personal data. It replaces the 1995 EU Data Protection Directive and has become the most significant piece of data protection legislation anywhere in the world. This book is edited by three leading authorities and written by a team of expert specialists in the field from around the EU and representing different sectors (including academia, the EU institutions, data protection authorities, and the private sector), thus providing a pan-European analysis of the GDPR. It examines each article of the GDPR in sequential order and explains how its provisions work, thus allowing the reader to easily and quickly elucidate the meaning of individual articles. An introductory chapter provides an overview of the background to the GDPR and its place in the greater structure of EU law and human rights law. Account is also taken of closely linked legal instruments, such as the Directive on Data Protection and Law Enforcement that was adopted concurrently with the GDPR, and of the ongoing work on the proposed new E-Privacy Regulation.


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