CHRONICLE OF A DEATH FORETOLD: IS EU PREDICTIVE SECURITY POLICY KILLING DATA PROTECTION?
CPDP 2023 - DAY 1
LA CAVE - SESSION 2 (10:30)
Organised by Free Group (EU)
Moderator: Emilio De Capitani, Free Group (EU)
Speakers: Birgit Sippel, Member of European Parliament, LIBE Committee (EU);
Anze Erbeznik, European Parliament/European Law Faculty (SI);
Merve Hickok, Centre for AI and Digital Policy (US);
Catherine Forget, Ligue of droits de l’homme (FR);
Douwe Korff, EU and CoE expert on data protection (EU)
Paradoxically, it has been after Lisbon and the establishment of a specific legal basis in EU Treaties that data protection has been progressively
dismantled by a combined action of the Commission and Interior Ministers in the Council. The European Parliament gave up. And only Data
Protection Authorities and the Court of justice are still standing but with
several difficulties as EU institutions do not comply with rulings on data
protection (EU-US privacy Shield, PNR Directive, Data Retention). Moreover, in the JHA several instruments are being adopted based on a new
private-government cooperation blurring the line between GDPR and
LED, data controller and data processor, and territoriality (e-evidence).
Further, intrusive instruments based on a “false” legal basis of Art. 114
are being adopted challenging classical law enforcement and data protection understanding (e-privacy derogation). The EU is following the preventive security model.
• Is the EU following the US and soon the Chinese model of Predictive
policy?
• How such a trend can be reversed?
• How the tricky “consistency mechanism” of the Data Protection legal
framework and the lack of a stronger role of the EDPB is de facto paving the way to dismantle Data Protection?
• How the European Parliament is cornered by the Council and the
Commission and is losing its role of defending a true supranational
freedom, security and justice area?
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