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 date | 01 March 2024 |
| DOI | http://doi.org/10.1177/20322844231217429 |
| Author | Giacomo Bonetto |
| Date | 01 March 2024 |
Article
New Journal of European Criminal Law
2024, Vol. 15(1) 58–71
© The Author(s) 2023
Article reuse guidelines:
sagepub.com/journals-permissions
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
processing”and 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 Prosecutor’sOffice.
Corresponding author:
Giacomo Bonetto, 11 Avenue John F. Kennedy, Luxembourg L-1855, Luxembourg.
Email: giacomo.bonetto@hotmail.com
Get this document and AI-powered insights with a free trial of vLex and Vincent AI
Get Started for FreeUnlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations