The EU Law Enforcement Directive (LED) A Commentary

The Law Enforcement Directive 2016/680 (LED) is the first legal instrument in the EU which comprehensively regulates the use of personal data by law enforcement authorities, creating a minimum standard of privacy protection across the EU. Together with the General Data Protection Regulation (GDPR), it stands at the heart of the legal reform of the EU's data protection law. Although it was adopted at the same time as the GDPR, the LED has not received the same scholarly attention, despite its significant impact and controversial implementation in Member States.

The EU Law Enforcement Directive (LED): A Commentary addresses this by providing an article-by-article commentary on the Directive. Drawing on the expertise of leading scholars, regulators, and practitioners in the EU data protection field, it offers a detailed analysis of its legal provisions, drawing on relevant case law and scholarship to illuminate the key aspects and intricacies of each provision. It analyses national transpositions of the LED while taking into account the GDPR and the regulations on the processing of personal data by EU institutions, bodies, offices and agencies. For further context, it includes introductory chapters on the background and evolution of the Directive, the Council of Europe, and the impact of Brexit on the LED.

This comprehensive volume is an excellent resource for anyone seeking authoritative guidance on the application and interpretation of LED provisions, especially judges, legal practitioners, prosecutors, competent authorities, and academics.

Eleni Kosta, Professor Technology Law and Human Rights, Tilburg University,Franziska Boehm, Professor of Immaterial Rights at Karlsruhe Institute of Technology FIZ-Karlsruhe, Leibniz Institute for Information Infrastructure, Fiz Karlsruhe

Eleni Kosta is full Professor of Technology Law and Human Rights at the Tilburg Institute for Law, Technology and Society (TILT, Tilburg University, the Netherlands). Eleni is conducting research on human rights with a focus on privacy and data protection, specialising in electronic communications and new technologies. She has been involved in numerous EU research projects. In 2014 Eleni was awarded a personal research grant for research on privacy and surveillance by the Dutch Research Organisation (VENI/NWO). She is member of the Cyprus Council of Recognition of Higher Education Qualifications (KY.S.A.T.S.) and observer to the Europol Financial Intelligence Public Private Partnership (EFIPPP). She is a member of editorial boards of academic journals (EDPL, IRLCT etc.) and conferences and workshops scientific and organising committees (CPDP, ISP etc.). Eleni also collaborates as associate with timelex.

Franziska Boehm is full Professor of Immaterial Rights at the Karlsruhe Institute of Technology and FIZ-Karlsruhe, Leibniz Institute for Information Infrastructure. Franziska is conducting research on privacy and data protection, IP- and IT-law. She has been involved in numerous EU and national research projects and is an expert in third states data transfer (EU-US). She advises national as well as EU institutions on questions of privacy and data protection. She is a member of editorial boards of academic journals (EDPL) and conferences and workshops scientific and organising committees.

Background and Evolution of the EU Law Enforcement Directive (LED), Teresa Quintel and Eleni Kosta
Council of Europe, Paul de Hert and Juraj Sajfert
Brexit, Nóra Ní Loideáin
Part 1: General Provisions (Articles 1-3)
Article 1 Subject Matter and Objectives, Magdalena Brewcznska
Article 2 Scope, Plixavra Argiro Vogiatzoglou
Article 3 Definitions, Luca Tosoni and Lee A. Bygrave
Part II: Principles (Articles 4-11)
Article 4 Principles Related to Processing of Personal Data, Bart Van Der Sloot
Article 5 Time-Limits for Storage and Review, Mark Leiser and Bart Custers
Article 6 Distinction between Different Categories of Data Subject, Teresa Quintel and Valsamis Mitsilegas
Article 7 Distinction between Personal Data and Verification of Quality of Personal Data, Maria Tzanou
Article 8 Lawfulness of Processing, Maria Tzanou
Article 9 Specific Processing Conditions, Maria Tzanou
Article 10 Processing of Special Categories of Personal Data, Catherine Jasserand
Article 11 Automated Individual Decision-Making, Thilo Konrad Johannes Gottschalk
Part III: Rights of the Data Subjects (Articles 12-18)
Article 12 Communication and Modalities for Exercising the Rights of the Data Subject, Gloria González Fuster
Article 13 Information to be Made Avaliable or Given to the Data Subject, Gloria González Fuster
Article 14 Right of Access by the Data Subject, Diana Dimitrova
Article 15 Limitations to the Right of Access, Diana Dimitrova
Article 16 Right to Rectification or Erasure of Personal Data and Restriction of Processing, Diana Dimitrova
Article 17 Exercise of Rights by the Data Subject and Verification by the Supervisory Authority, Vanessa Franssen and Marine Corhay
Article 18 Rights of the Data Subject in Criminal, Vanessa Franssen and Marine Corhay
Part IV Controller and Processor (Articles 19-34)
Article 19 Obligations of the Controller, Thomas Zerdick
Article 20 Data Protection by Design and by Default, Lilian Mitrou
Article 21 Joint Controllers, Teresa Quintel
Article 22 Processor, Anna Moscibroda
Article 23 Processing under the Authority of the Controller or Processor, Anna Moscibroda
Article 24 Records of Processing Activity, Mireille M. Caruana
Article 25 Logging, Michael Veale
Article 26 Cooperation with the Supervisory Authority, Maria Murphy
Article 27 Data Protection Impact Assessment, Marit Hansen
Article 28 Prior Consultation of the Supervisory Authority, Marit Hansen
Article 29 Security of Processing, Christiana Markou
Article 30 Notification of a Personal Data Breach to the Supervisory Authority, Xavier Tracol
Article 31 Communication of a Personal Data Breach to the Data Subject, Xavier Tracol
Article 32 Designation of the Data Protection Officer, Christian Wiese Svanberg
Article 33 Position of the Data Protection Officer, Christian Wiese Svanberg
Article 34 Tasks of the Data Protection Officer, Christian Wiese Svanberg
Part V Transfers of Personal Data to Third Countries or International Organisations (Articles 35-40)
Article 35 General Principles for Transfers of Personal Data, Franziska Boehm
Article 36 Transfers on the Basis of an Adequate Decision, Laura Drechsler
Article 37 Transfers Subject to Appropriate Safeguards, Laura Drechsler
Article 38 Derogations for Specific Situations, Irene Kamara
Article 39 Transfers to Recipients Established in Third Countries, Thomas Marquenie
Article 40 International Cooperation for the Protection of Personal Data, Joost Gerritsen
Part VI Independent Supervisory Authorities (Articles 41-49)
Article 41 Supervisory Authority, Jeanne Pia Mifsud Bonnici and Ritumbra Manuvie
Article 42 Independence, Jeanne Pia Mifsud Bonnici and Ritumbra Manuvie
Article 43 General Conditions for the Members of the Supervisory Authority, Hielke Hijmans and Rosamunde van Brakel
Article 44 Rules on the Establishment of the Supervisory Authority, Hielke Hijmans and Rosamunde van Brakel
Article 45 Competence, TJ McIntyre
Article 46 Tasks, TJ McIntyre
Article 47 Powers, TJ McIntyre
Article 48 Reporting of Infringements, Grigorios Tsolias
Article 49 Activity Reports, Grigorios Tsolias
Part VII Cooperation (Articles 50-51)
Article 50 Mutual Assistance, Mireille M. Caruana
Article 51 Tasks of the Board, Ignacio Gómez Navarro
Part VIII Remedies, Liability, and Penalties (Articles 52-57)
Article 52 Right to Lodge a Complaint with a Supervisory Authority, Herke Kranenborg
Article 53 Right to an Effective Judicial Remedy Against a Controller or Processor, Herke Kranenborg
Article 54 Right to an Effective Judicial Remedy Against a Controller or Processor, Evelien Renate Brouwer
Article 55 Representation of Data Subjects, Niovi Vavoula
Article 56 Right to Compensation, Niovi Vavoula
Article 57 Penalties, Niovi Vavoula
Part IX Implementing Act (Article 58)
Articles 58 Committee Procedure, Luca Tosoni
Chapter X Final Provisions (Articles 59-65)
Article 59 Repeal of Framework Decision 2008/977/JHA, Luca Tosoni
Article 60 Union Legal Acts already in Force, Anna Moscibroda
Article 61 Relationship with Previously Concluded International Agreements in the Field of Judicial Cooperation in Criminal Matters and Police Cooperation, Anna Moscibroda
Article 62 Commission Reports, Anna Moscibroda
Article 63 Transposition, Jonida Milaj
Article 64 Entry into Force, Jonida Milaj
Article 65 Addressees, Eleni Kosta