bluuebunny/crossref_metadata_2025_split huggingface dataset:
Convention/Article VIII of the 1967 Protocol
Authors: Geiß Robin , Li Yao 
Published: June 2024

Abstract
This chapter tackles the analysis and function of Article 43 of the 1951 Convention and Article VIII of the 1967 Protocol. It explains that a multilateral treaty can be enforced when met with necessary conditions, such as the Article 24 of the Vienna Convention on the Law of Treaties (VCLT). The provision also regulates the 1951 Convention's entry into force of States' ratification or accession. The chapter notes that the 1967 Protocol entered into force after Sweden deposited its instrument of accession. It elaborates on the specific details needed for the ratification or accession prior to the entry into force.
(Revision/Revision)
Authors: Einarsen Terje 
Published: June 2024

Abstract
This chapter details the function of revision found in Article 45 of the 1951 Convention. It explains how the provision creates a legal basis for amendment and modification of the 1951 Convention. However, the revisions of treaties are always legally possible if certain procedural requirements are met, even if it was a specific treaty provision disallowing revision. Thus, the provision reminds contracting States and new potential parties that the 1951 Convention can be amended if needed. The chapter then explains that the 1967 Protocol constituted a ‘successive treaty’, which became an important achievement in the history of international refugee protection.
Convention/Article X of the 1967 Protocol
Authors: Geiß Robin , Li Yao 
Published: June 2024

Abstract
This chapter focuses on Article 46 of the 1951 Convention and Article X of the 1967 Protocol. It explains the depository of a treaty playing an essential procedural role in ensuring the smooth operation of a multilateral treaty. Article 46 enumerates the Secretary-General's function as a depositary performed by the Treaty Section of the Office of Legal Affairs in the United Nations Secretariat. Similarly, Article X confirms and details the Secretary-General's designation and role as depositary of the 1967 Protocol. The chapter mentions that the enumeration of Article X's depositary notification is exemplary instead of conclusive. It examines the depositoary notifications of declarations, signatures, and researvations under Article 46 and Article X.
(Provisional Measures/Mesures Provisoires)
Authors: Davy Ulrike , Stern Rebecca Thorburn 
Published: June 2024

Abstract
This chapter cites that the 1951 Convention's Article 9 contains a derogation clause. It starts with how Article 9 abstains from detailing the measures the contracting States may provisionally apply once the requirements of the clause are met by certain events. Provisional measures are characterized by four broad elements: measures bound to certain situations, public interests, individualized nationality, and time. The chapter acknowledges that circumstances triggering the State powers under Article 9 are not normal. It also mentions the doubts that the article's measures are permissible under human rights law since the 1951 Convention's provisional measures became more or less outdated.
Scope
Authors: Vogiatzoglou Plixavra 
Published: June 2024

Abstract
This chapter focuses on Article 2 of the EU Law Enforcement Directive (LED), which defines its scope of application. Article 2(1) LED delineates the teleological and personal conditions of application, by referring to the purposes defined under Article 1 and the notion of competent authorities, as further defined within Article 3(7) LED. Insofar as data processing by courts and judicial authorities is concerned, specific rules may be imposed on a national level, while the competence of the supervisory authorities should not cover the processing of personal data where courts are acting in their judicial capacity. Article 2(2) LED formulates the material scope of the LED, which applies to the processing of personal data wholly or partly by automated means, and to the processing other than by automated means of personal data which form part of a filing system or are intended to form part of a filing system. Meanwhile, Article 2(3) LED provides for two limitations to the application of the LED, namely when processing takes place in the course of an activity that falls outside the scope of Union law, or when processing is carried out by EU institutions, bodies, offices, and agencies. The chapter then considers certain legal gaps in the protection of personal data within the field of security.
Definitions
Authors: Tosoni Luca , Bygrave Lee A 
Published: June 2024

Abstract
This chapter assesses Article 3 of the EU Law Enforcement Directive (LED). A chief policy objective of Article 3 LED is to ensure that certain key data protection terms are defined and interpreted uniformly across different EU data protection instruments. Barring the definition of ‘competent authority’ in Article 3(7) LED, all of the definitions in Article 3 LED mirror the equivalent definitions in Article 4 of the General Data Protection Regulation (GDPR). A secondary objective of Article 3 LED is to help set the scope of the LED’s application. However, other provisions of the LED also contribute to determining its scope of application, and do so using terminology that is not defined in Article 3. Key terms in this regard are ‘criminal offences’ and ‘criminal penalties’ the meaning of which is elucidated in case law rather than legislation.
Distinction between different categories of data subject
Authors: Quintel Teresa , Mitsilegas Valsamis 
Published: June 2024

Abstract
This chapter explains Article 6 of the EU Law Enforcement Directive (LED), which requires the categorization into different types of data subjects. Article 6 LED and Recital 31 LED present a non-exhaustive list of different data subjects that are to be distinguished by competent authorities that fall within the scope of the Directive, where possible. Article 6 LED proposes to differentiate between persons with regard to whom there are serious grounds for believing that they have committed or are about to commit a criminal offence, persons who were convicted of a criminal offence, victims of a criminal offence, and other parties to a criminal offence. With regard to the latter category, Article 6(d) LED refers to persons who are called on to testify in investigations, persons who might provide information about a criminal offence, and contacts of suspects or convicted criminals. However, making a clear distinction between different categories of data subject is not always an easy and straightforward task, as the boundaries between the different roles are fluent and may overlap.
Limitations to the right of access
Authors: Dimitrova Diana 
Published: June 2024

Abstract
This chapter studies Article 15 of the EU Law Enforcement Directive (LED). Article 15 LED seeks to ensure that the imposed restrictions on the right of access to one’s personal data are not absolute and arbitrary, i.e., that they strike a fair balance between the interests of the law enforcement authorities and the rights and interests of the concerned data subjects through appropriate safeguards. This is especially because a restriction on the right of access could have an impact on different human and fundamental rights, such the right to data protection, fair trial, and effective remedies. To ensure this balance, Article 15 LED provides an opening clause, which allows Member States to adopt legislative instruments in order to restrict the exercise of the right of access. Article 15 LED regulates (1) the conditions under which the right may be restricted; (2) the grounds on which it may be restricted; (3) the information obligations of the controller towards the data subjects in such cases and the restrictions thereto; and (4) the controller’s documentation obligations.
Right to rectification or erasure of personal data and restriction of processing
Authors: Dimitrova Diana 
Published: June 2024

Abstract
This chapter explains Article 16 of the EU Law Enforcement Directive (LED), which regulates the exercise of three rights: the right to rectification, erasure of personal data, and restriction of processing. These rights allow data subjects to request corrective measures in relation to the processing of their personal data when the processing does not comply with the provisions of the LED, such as where the data are incorrect, incomplete, or they are stored for longer than legally allowed. However, since these rights might sometimes prejudice the exercise of the different law enforcement tasks, the three rights are not absolute. Article 16(4) LED regulates the transparency obligations of the law enforcement authorities towards the concerned data subject when any of these rights is wholly or partially restricted. Meanwhile, Article 16(5) and (6) LED provide that the rectification, erasure, and restriction of processing should be communicated to those authorities which received the data and rectification measures should be communicated to those authorities from which the data originated.
Processor
Authors: Mościbroda Anna 
Published: June 2024

Abstract
This chapter covers Article 22 LED that requires Member States to oblige controllers to exercise diligence when enlisting the data processor and to make sure that the data processor complies with the Law Enforcement Directive (LED). Article 22 LED lays down rules for engaging other processors and requires both the controller and processor to make sure that processing is governed by the contract or other legal act under the Union or Member State law. It outlines essential elements and obligatory stipulations that must be covered under the contract or legal act. The chapter describes the prominent role of data processors in today’s digital environment, such as providing cloud services. Article 22 LED frames the relationship between the controller and the processor by strengthening accountability and responsibility of data controllers and by requiring the processing to be governed by the contract or other legal act under the Union or Member State law.
Processing under the authority of the controller or processor
Authors: Mościbroda Anna 
Published: June 2024

Abstract
This chapter considers Article 23 LED as a legacy provision that reaffirms the principle of lawfulness by stating that any person who has access to personal data may process them in accordance with the instructions of the controller. Article 23 LED also emphasises the duty of confidentiality and data security. It explains how the data controller and data processor ensure that unauthorised persons do not gain access to data and that all persons who have access to data are under the obligation to maintain data secrecy. Article 23 LED clarifies that the obligation to act solely on the controller’s instructions and to maintain the confidentiality of data refers to processors. The chapter discusses Article 23 LED in the context of penalties that might be imposed for processing not conforming to the Law Enforcement Directive (LED), particularly criminal penalties provided for by some Member States.
Cooperation with the supervisory authority
Authors: Murphy Maria Helen 
Published: June 2024

Abstract
This chapter describes Article 26 LED as a short provision that states the essential obligation imposed on controllers and processors to cooperate with relevant supervisory authorities on request. The cooperation duty supports the ability of national supervisory authorities to carry out their role effectively as it would be challenging to assess the legality of any data processing without access to relevant insider information and assistance. The Irish implementation of Article 26 LED provides that a controller or a processor must cooperate with and assist the European Commission (EC) in the performance of its functions. The chapter details how Member States tend to mimic the general approach of Article 26 LED when implementing the cooperation duty into domestic law. Article 26 LED sets forth a simple duty to cooperate with supervisory authorities on their request.
Security of processing
Authors: Markou Christiana 
Published: June 2024

Abstract
This chapter outlines the obligation relating to the security of processing in Article 29 LED. Article 29 LED extends the security obligation to data processors, makes specific reference to automated processing, and lists specific security controls that will be implemented. The security provision of the Cypriot national law, namely Law 44(I)/2019, is identical to Article 29 LED. The chapter notes Czech Republic and Poland that do not refer to the state of the art and the costs of implementation as factors to be considered in the adoption of appropriate technical and organizational measures. Latvia imposes the relevant obligations on the controller while Estonia has not included any provisions corresponding to Article 29(1) LED.
Notification of a personal data breach to the supervisory authority
Authors: Tracol Xavier 
Published: June 2024

Abstract
This chapter explains Article 30 LED, which provides for new obligations of controllers to notify personal data breaches to the supervisory authority (SA). According to Article 30(6) LED, the notification must be communicated to the controller in the Member State without undue delay if the breach involves personal data that has been transmitted by or to the controller in another Member State. The chapter details new obligations provided for in Article 30 LED that imposes on providers of publicly available electronic communication services the obligation to notify personal data breaches to competent national authorities and to keep an inventory of such breaches. The scope of the obligation to notify under Article 30 LED is limited to breaches that are likely to result in a risk to the rights and freedoms of natural persons. Article 30 LED requires that controllers notify personal data breaches to the national SA.
Communication of a personal data breach to the data subject
Authors: Tracol Xavier 
Published: June 2024

Abstract
This chapter covers Article 31 LED, which provides for new obligations of controllers to communicate personal data breaches to relevant data subjects in certain cases. Article 31 LED imposes on providers of publicly available electronic communication services the obligation to notify the data subject when the personal data breach is likely to adversely affect the personal data or privacy of such data subject. It outlines the intention of Article 31 LED to prevent the negative consequences that may result from a personal data breach by specifically providing affected data subjects with the opportunity to take appropriate measures. The chapter discusses the obligation of the controller to communicate a personal data breach to data subjects that reflects a risk-based approach. Article 31 LED is closely related to the obligations of both controllers and processors to implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk.
Independence
Authors: Bonnici Jeanne Pia Mifsud , Manuvie Ritumbra 
Published: June 2024

Abstract
This chapter reviews the qualification in Article 42(1) LED that the supervisory authority is to act with complete independence, which follows the rationale in the Commission v Germany case on the independence of a supervisory authority. The additional role of the supervisory authority under Article 17 LED necessitates the precondition of complete independence under Article 42 LED. It considers the requirement of Article 42 LED as a continuation of the already existing rationale imposed on the Member States to set up independent supervisory authorities for monitoring personal data processing. Article 42 LED specifically speaks to the independent nature of a supervisory authority. The chapter details how Article 42 LED sets out the requirements and conditions for ensuring the independence of supervisory authorities in the Law Enforcement Directive (LED).
Competence
Authors: McIntyre T J 
Published: June 2024

Abstract
This chapter focuses on the notion of competence within Article 45 of the EU Law Enforcement Directive (LED). Article 45(1) revolves around the territorial competence of the independent supervisory authorities while simultaneously ensuring the competency of each data processing authority (DPA) on the territory of its own Member State. On the other hand, Article 45(2) LED seeks to reconcile the application of data protection law with judicial independence. Moreover, the provision allows Member States to extend this exclusion to other independent judicial authorities. The chapter covers the legal background of Article 45 LED in correlation with the EU legislation, international instruments, national legislation, and case law of the Court of Justice of the European Union (CJEU).
Tasks
Authors: McIntyre T J 
Published: June 2024

Abstract
This chapter provides an overview of Article 46 of the EU Law Enforcement Directive (LED). Article 46 LED harmonises the tasks assigned to national supervisory authorities to promote consistent oversight of personal data processing in police and criminal justice matters. The provision broadens the tasks of national data processing authorities (DPAs) compared to their previous functions under FD regarding data shared between Member States. The chapter explains that the detailed and prescriptive nature of Article 46 LED correlates to the criticism that previous European and national rules were a patchwork of different regimes that created legal uncertainty and inconsistent enforcement. It also covers the analysis concerning supervisory authority tasks, the duty to perform tasks, and tasks to be free of charge under Article 46 LED.
Powers
Authors: McIntyre T J 
Published: June 2024

Abstract
This chapter examines Article 47 of the EU Law Enforcement Directive (LED) in correlation with the minimum powers which the Member States must confer on supervisory authorities. It presents the four powers to be given to the data processing authorities (DPAs) and three effective corrective powers that are not mandatory. To an extent, the narrow scope of the provision was mitigated by wider national implementations. The chapter mentions how the Court of Justice of the European Union (CJEU) gave a wide interpretation of Article 47's requirement in correlation to the effectiveness of the investigative, corrective, and supervisory powers. It also elaborates on the provision's scope of powers, which are investigative powers and advisory powers.
Activity reports
Authors: Tsolias Grigorios 
Published: June 2024

Abstract
This chapter discusses key concepts surrounding Article 49 of the EU Law Enforcement Directive (LED). It explains that activity reports of supervisory authorities serve as a tool aiming to fulfil multiple purposes, such as transparency, accountability and independence. The scope of activities in the annual reports of data processing authorities (DPAs) includes every task performed and all powers exercised by the DPAs according to their competence as per Articles 46 and 47 LED. The chapter elaborates on the legal background and analysis of Article 49 LED. It considers activity reports as part of DPAs' independence and competence while simultaneously being accountability and transparency tools.
Mutual assistance
Authors: Caruana Mireille M 
Published: June 2024

Abstract
This chapter provides an overview of Article 50 of the EU Law Enforcement Directive (LED). It explains that Article 50 LED is primarily concerned with the provision of relevant information and mutual assistance between supervisory authorities in the law enforcement area. The general purpose of Article 50 LED revolves around supervisory authorities to implement and apply the Directive consistently and establish measures for effective cooperation. The chapter discusses the application of Article 50 LED, which includes the circumstance where a supervisory authority is responsible but would need information from another supervisory authority. It considers the interplay of Article 50 LED with the key concepts of cooperation and enforcement, exchange of information and languages, confidential information, and informal cooperation.
Tasks of the Board
Authors: Gómez Navarro Ignacio 
Published: June 2024

Abstract
This chapter examines the importance of Article 51 of the EU Law Enforcement Directive (LED). It cites that Article 51 LED is the multilateral pillar, which involves joint action by all supervisory authorities through the European Data Protection Board (EDPB) on general issues arising from the LED. The cooperation aims to ensure the consistent application of the right to the protection of personal data throughout the EU in the area of police and criminal justice. The chapter mentions that the influence of the EDPB affects the sufficiency of its current powers to consistently apply and enforce LED. It then details the complexity of the task of ensuring consistency across the EU in line with the interplay between the LED and other EU instruments regulating the processing of law enforcement data.
Right to an effective judicial remedy against a controller or processor
Authors: Brouwer Evelien 
Published: June 2024

Abstract
This chapter details Article 54 of the EU Law Enforcement Directive (LED). It primarily revolves around the right to an effective judicial remedy against a controller or processor. According to the European Data Protection Board (EDPB), the right to effective judicial protection within the field of law enforcement data processing is defined as an essential safeguard. The right to effective remedies' rationale within the scope of the LED ensures the data subjects' access to effective legal remedies while protecting the preliminary dialogue between national courts and the Court of Justice of the European Union (CJEU). The chapter then presents the legal background and analysis of Article 54 LED in correlation to its scope of protection, transparency of decision-making, the right to lodge a complaint with a supervisory authority, and the right to appeal.
Penalties
Authors: Vavoula Niovi 
Published: June 2024

Abstract
This chapter examines the key concepts of penalties in line with Article 57 of the EU Law Enforcement Directive (LED). Article 57 LED allows Member States discretion to lay down rules on penalties applicable to infringements of the provisions adopted in the implementation of the LED. The chapter also details the legal background and the analysis of Article 57 LED. It explains that under the provisions, penalties act as an enforcement mechanism of data protection law. Even if penalties may be imposed on any competent authority under Article 3(7) LED, penalties may be imposed on natural persons, controllers and processors.
Repeal of Framework Decision 2008/977/JHA
Authors: Tosoni Luca 
Published: June 2024

Abstract
This chapter overviews the repeal of Framework Decision 2008/977/JHA as per Article 59 of the EU Law Enforcement Directive (LED). It presents the legal background and analysis of the provisions within Article 59 LED. Article 59 LED serves the dual purpose of establishing the repeal of the legal antecedent of the LED and ensuring the repeal of the FD does not cause problems of interpretation within the EU law's broader system. Additionally, Article 59(1) LED provides for the express repeal of the FD, as a consequence of the adoption of the LED. Meanwhile, Article 59(2) LED ensures the proper continuation and interpretation of pre-existing EU legislation that refers to the FD.