The judgment of the CJEU in Inspektor (Purposes of the processing of personal data – criminal investigations) of 8 December 2022 and the concept of further processing under the Law Enforcement Directive

Published date01 March 2024
DOIhttp://doi.org/10.1177/20322844231217429
AuthorGiacomo Bonetto
Date01 March 2024
Subject MatterArticles
Article
New Journal of European Criminal Law
2024, Vol. 15(1) 5871
© The Author(s) 2023
Article reuse guidelines:
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DOI: 10.1177/20322844231217429
journals.sagepub.com/home/nje
The judgment of the CJEU in
Inspektor (Purposes of the
processing of personal data
criminal investigations) of 8
December 2022 and the
concept of further processing
under the Law Enforcement
Directive
Giacomo Bonetto
Abstract
In the context of criminal law enforcement and cooperation, the fundamental right to the pro-
tection of personal data is not complemented by the General Data Protection Regulation (Reg-
ulation (EU) 2016/679 –‘GDPR), but by the national law implementing Directive (EU) 2016/680
(LED) together with other pieces of EU legislation. The preliminary ruling of the Court of Justice of
the European Union in Case C-180/21 Inspektor (Purposes of the Processing of Personal Data
Criminal Investigations) delivered by the Fifth Chamber on 8 December 2022 is the f‌irst judgment in
which the Court considered the LED beyond its scope of application. It represents an important
milestone for data protection law in the area of criminal law enforcement. This paper will provide an
analysis of the main f‌indings of the judgment, with particular focus on the concept of further
processingand a f‌irst ref‌lection on the consequences it may have on the work of competent
authorities such as public prosecutors.
Senior Data Protection Support Off‌icer at the European Public ProsecutorsOff‌ice.
Corresponding author:
Giacomo Bonetto, 11 Avenue John F. Kennedy, Luxembourg L-1855, Luxembourg.
Email: giacomo.bonetto@hotmail.com

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