EU Commission urges GERMANY and SLOVENIA to complete the transposition of the Data Protection Law Enforcement Directive

Today the Commission decided to send a reasoned opinions to Germany and Slovenia for failing to fully transpose the Data Protection Law Enforcement Directive (Directive (EU) 2016/680- LED).

This Directive protects citizens’ fundamental right to data protection whenever criminal law enforcement authorities use personal data for law enforcement purposes. These EU rules ensure that the personal data of victims, witnesses, and suspects of crime are duly protected.

The introduction of similar data protection standards across the EU facilitates the exchange of personal data for cross-border cooperation in the fight against crime and terrorism. Member States had until 6 May 2018 to transpose the Directive into their national law.

The Commission sent a Letter of Formal Notice to Germany on 25 July 2019. To this day, Germany still has to notify the Commission of transposition measures in five of the sixteen ‘Länder’.

In the case of Slovenia, following the Commission’s Reasoned Opinion of 24 January 2019, the Commission decided to send an additional Reasoned Opinion to urge Slovenia to finalise the transposition of the Directive.

Germany and Slovenia have four months to respond and take the relevant action. Otherwise, both cases may be referred to the Court of Justice of the EU.

Christian Wigand

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