Legal consistency after the General Data Protection Regulation and the Police Directive

Bart van der Sloot

Abstract


The General Data Protection Regulation (GDPR) and the Police Directive (PD) have replaced the Data Protection Directive 1995 and the Framework Decision 2008 in the European Union (EU). Both the EU and the Member States’ legislative corpus needs to be in full compliance with these new rules, also taking into account the jurisprudential standards developed by the European Court of Justice and the European Court of Human Rights with respect to the fundamental rights to privacy and data protection. This article suggests that although the GDPR and the PD bring legal consistency in the field of data protection throughout the EU and even globally, it might have a negative effect on the legal inconsistency vis-à-vis other fields of law.

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