Data Protection and the EPPO

DOI10.1177/2032284419837381
Published date01 March 2019
Date01 March 2019
subjectMatterSpecial Issue: Articles
Special Issue: Article
Data Protection and the EPPO
Paul De Hert
Vrije Universiteit Brussel, Belgium
Vagelis Papakonstantinou
Vrije Universiteit Brussel, Belgium
Abstract
The European Public Prosecutor’s Office (the ‘EPPO’) necessarily processes personal data in order
to fulfil its mission; As such, it falls squarely within the European Union (EU) data protection
regulatory landscape. However, because the EU data protection regulatory landscape itself is
currently found at a crossroads, an analysis of the EPPO data protection model may be twofold:
First, placing it within the proper cross-organization dialogue currently taking place on the future
regulatory model of personal data processing for law enforcement purposes carried out at EU
level. Second, at an EPPO-specific level, whereby the actual data protection regime afforded to it
may be assessed. This article purports to elaborate upon the above two data protection dimen-
sions of EPPO personal data processing activities: It presents considerations and policy options
during the lawmaking period that resulted in the establishment of the EPPO, it analyses the data
protection regime ultimately awarded to it and attempts to, critically, place the EPPO data pro-
tection model within its proper operational and legislative environment.
Keywords
European Public Prosecutor’s Office, EU data protection, regulation (EU) 2017/1939
Introduction
The European Public Prosecutor’s Office (the ‘EPPO’) necessarily processes personal data in order
to fulfil its mission. As per the tasks formally awarded to it, it
shall be responsible for investigating, prosecuting and bringing to judgment the perpetrators of, and
accomplices to, criminal offences affecting the financial interests of the Union [ ...]. In that respect
the EPPO shall undertake investigations, and carry out acts of prosecution and exercise the functions
Corresponding author:
Paul De Hert, Vrije Universiteit Brussel, Pleinlaan 2, Brussel B-1050, Belgium.
E-mail: paul.de.hert@vub.be
New Journal of European Criminal Law
2019, Vol. 10(1) 34–43
ªThe Author(s) 2019
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DOI: 10.1177/2032284419837381
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