Data protection: Commission decides to refer Greece and Spain to the Court for not transposing EU law

cameras

(Lianhao Qu, Unsplash)

This article is brought to you in association with the European Commission.


The European Commission decided today to refer Greece and Spain to the Court of Justice of the EU for failing to transpose the EU rules on personal data protection (the Data Protection Law Enforcement Directive, Directive (EU) 2016/680). In April 2016, the Council and the European Parliament agreed the Directive had to be transposed into national law by 6 May 2018.

In the case of Greece, the Commission is calling on the Court of Justice of the EU to impose financial sanctions in the form of a lump sum of € 5 287.50per day between the day after the deadline for transposition set out by the Directive expired and either compliance by Greece or the date of delivery of the judgment under Article 260(3) TFEU,with a minimum lump sum of € 1 310 000and a daily penalty payment of € 22.169,70from the day of the first judgment until full compliance is reached or until the second Court judgment. As regards Spain, the Commission is calling on the Court to impose a financial sanction in the form of a lump sum of € 21 321per day between the day after the deadline for transposition set out by the Directive expired and either compliance by Spain or the date of delivery of the judgment under article 260(3) of TFEU, with a minimum lump sum of € 5 290 000and a daily penalty payment of € 89 548.20 from the day of the first judgement until full compliance is reached or until the second Court judgment.

The protection of personal data is a fundamental right enshrined in the Charter of Fundamental Rights of the EU. The aim of the Directive is ensure a high level of protection of personal data while facilitating exchanges of personal data between national law enforcement authorities. The Directive lays down rules on the processing of personal data by competent law enforcement authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties. The Directive also ensures that the data of victims, witnesses, and suspects and perpetrators of crimes are duly protected in the context of a criminal investigation. At the same time, better harmonised laws also facilitate cross-border cooperation of police, prosecutors and judges to combat crime and terrorism more effectively across Europe. These EU rules contribute to the accomplishment of an area of freedom, security and justice.

The lack of transposition by Spain and Greece creates a different level of protection of peoples’ rights and freedoms and hampers data exchanges between Greece and Spain on one side and other Member States who transposed the Directive on the other side. Therefore, the Commission opened the infringement proceedings by sending a letter of formal notice to national authorities of the Member States concerned in July 2018 and the respective reasoned opinions – in January 2019. To date, Greece and Spain have not notified the Commission on the adoption of the national measures necessary in order to transpose the Directive.

Background

The proposal to refer Greece and Spain to the Court of Justice of the EU has been made taking into account that Greece and Spain have not notified any measure transposing the Data Protection Law Enforcement Directive (Directive (EU) 2016/680) into national law. By failing to adopt all the laws, regulations and administrative provisions necessary to comply with the Directive or, in any event, by failing to notify such provisions to the Commission, Greece and Spain have failed to fulfil their obligations of this Directive.

In practice, under Article 260(3) of Treaty on the Functioning of the EU (TFEU) if a Member State fails to transpose a Directive adopted by the EU legislator into national law within the required deadline, the Commission may call on the Court of Justice of the EU to impose financial sanctions. They take into account:

– the seriousness of the infringement,

– the duration of the infringement,

– special “n” factor (which varies between Member States and takes into account their Gross domestic product, GDP, in millions of euros and number of seats of the Member State concerned in the European Parliament),

The financial sanctions proposed by the Commission consist of a lump sum payment (to penalise the existence of the infringement itself), and a daily penalty payment (to penalise the continuation of the infringement after the Court’s judgment).

Advertising

Advertising

Advertising

Advertising

Advertising

Advertising

Advertising

Advertising

Advertising

Advertising

Advertising

Advertising

Advertising

the European Sting Milestones

Featured Stings

These campaigners want to give a quarter of the UK back to nature

How to build a more resilient and inclusive global system

Stopping antimicrobial resistance would cost just USD 2 per person a year

How TV has brought mental health issues into the light – and helped to banish stigma

Young people all over the world come together to demand paid good quality internships

Agreement reached on new EU Solidarity Corps

UN resolution paves way for mass use of driverless cars

Superconductors: the miracle materials powering an energy revolution

3 reasons why AI won’t replace human translators… yet

Italian Prime Minister Giuseppe Conte: “Europe must listen to the people”

FROM THE FIELD: Finding refuge in the ‘beautiful game’

‘The best-selling brand today is fear’: UN chief highlights urgent need to address global ‘deficit of trust’

What does the future of energy look like, how do we get there, and who will benefit?

Judges urge Security Council to serve interests of all UN Member States

Europe, US and Russia haggle over Ukraine’s convulsing body; Russians and Americans press on for an all out civil war

Paris, Rome, Brussels and Frankfurt to confront Berlin over growth and the Athens enigma

Over 40 million people still victims of slavery

One migrant child reported dead or missing every day, UN calls for more protection

Combatting terrorism: EP special committee calls for closer EU cooperation

UN launches drive to highlight environmental cost of staying fashionable

Password managers aren’t all they’re cracked up to be. Here’s why

Huge areas of the Arctic are on fire – here’s what that means for the planet

Guatemala Dos Erres massacre conviction welcomed by UN human rights office

Is it too soon to hope for a tobacco free Romania?

Obese people more likely to smoke, says new gene research: WHO

Those who produce food are among world’s hungriest – UN rights expert

How to get young people in Europe to swipe right on voting

Theresa May in search of a magic plan to invoke Article 50 and start Brexit negotiations now

UN gender agency hails record-breaking number of women in new US Congress as ‘historic victory’

Girls groomed for suicide missions fight back against the extremists of Lake Chad

Migration and asylum: EU funds to promote integration and protect borders

Multilateralism’s ‘proven record of service’ is focus of first-ever International Day

One-sixth of the world’s economy has now pledged to cut CO2 to zero by 2050

3 lessons from India in creating equal access to vaccines

Peru should help more young vulnerable people into work

Environmental labelling, information and management schemes are central to the circular economy

Towards a seamless internal EU market for industrial goods

Climate changes and the imminent public health crises

Commission’s spending totally uncontrolled

What do the economic woes of Turkey, Argentina and Indonesia have in common?

Finnish Council Presidency priorities debated in plenary

Lack of basic water facilities risks millions of lives globally: UN health agency

Politics needs to “Youth UP” in order the ensure the future of our democracies

New Zealand will have a new ‘well-being budget,’ says Jacinda Ardern

A for-profit project has improved nutrition in Rwanda – is it a model that can eliminate hunger across Africa?

The Franco-German axis considers that all EU needs now is more armaments

These are America’s most dangerous jobs

Eurozone: Economic Sentiment Indicator recovering losses

Chart of the day: These are the cities where the World Cup threatens productivity the most

‘Abhorrent’ ambulance attack in Libyan capital imperils life-saving work, warns UN

As Alan Turing makes the £50 note, how do countries design their currencies?

Japanese law professor elected new judge at the International Court of Justice

Healthcare for refugees: a necessary symbiosis of medicine and politics

Yemen: UN Envoy ‘guilty’ of optimistic hope that war is ‘nearing the end’

Got the blues? Head for some green spaces

For Youth Rights: steps forward for better protection.

Boris Johnson’s no-deal Brexit to differ when issued from 10 Downing St.

Gender equality and medicine in the 21st century

IMF launches a new offensive against Germany

UN experts cite ‘possible exploitation’ of workers hired to clean up toxic Japanese nuclear plant

This Japanese TV show about work-life balance is a big hit – here’s why

COP21 Breaking News_09 December: List of Recent Climate Funding Announcements

The remote doctor, can it ever work?

More Stings?

Speak your Mind Here

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s