Category: Legislation

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Opinion on the Passenger Name Record CJEU case

In Case-817/19, Belgium’s Constitutional Court has asked the EU Court of Justice whether the PNR Directive (2016/681) is compatible with the Charter of Fundamental Rights. On the basis of this detailed legal opinion, the CJEU should declare the Directive (like the Data Retention Directive) to be fundamentally in breach of the Charter.

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Amid the spying by EU Member States’ intelligence agencies, is EU law silent?

I have been thinking further about the implications in terms of the GDPR of undue access to personal data on EU persons (and others) by EU Member States’ intelligence agencies. I believe that the Court’s recognition of the regrettable “hole” in the Treaties need not be the end in this regard. In this draft paper, I discuss my line of reasoning.

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